Thomas (ID 80566) v. Cheeks

Filing 9

MEMORANDUM AND ORDER ENTERED: The motion for continuance (Doc. #7 ) is denied as moot. The Court will conduct an initial review of the operative petition under 2241 (Doc. #8 ) and issue further orders as necessary. Signed by U.S. Senior District Judge Sam A. Crow on 08/02/22. Mailed to pro se party Matthew R. Thomas by regular mail. (smnd)

Case 5:22-cv-03150-SAC Document 9 Filed 08/02/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MATTHEW R. THOMAS,
Petitioner,
v.

CASE NO. 22-3150-SAC

CHANDLER CHEEKS,
Respondent.

MEMORANDUM AND ORDER

This matter comes before the Court on Petitioner’s motion for
continuance. (Doc. 7.) For the reasons stated below, the motion
will be denied as moot.
Petitioner, an inmate serving a Kansas state-court sentence at
Lansing Correctional Facility (LCF) in Lansing, Kansas, proceeds
pro se. He filed this matter as a pro se petition for federal habeas
relief pursuant to 28 U.S.C. § 2254. (Doc. 1.) After conducting the
required

initial

review

of

the

petition,

the

Court

issued

a

Memorandum and Order on July 26, 2022, advising Petitioner that the
relief he seeks in this matter appears to be more appropriately
sought under 28 U.S.C. § 2241. (Doc. 6.) Thus, the Court directed
the clerk to send Petitioner the form required to file a petition
for habeas corpus relief under § 2241 and ordered Petitioner to
either submit an amended petition on that form or file a written
response to the Memorandum and Order advising the Court that he
wishes to proceed under § 2254. Id. The Memorandum and Order set
the deadline for Petitioner to file either his amended petition or
written response as August 26, 2022. Id. A copy of the Memorandum

Case 5:22-cv-03150-SAC Document 9 Filed 08/02/22 Page 2 of 3

and Order was mailed to Petitioner.
Three days later, Petitioner filed the motion (Doc. 7) that is
currently before the Court. Therein, he informs the Court that he
is now represented by counsel, who is reviewing this matter, and
that Petitioner wishes to proceed under § 2241. He appears to advise
the Court that on July 26, 2022, he filed a § 2241 petition, but he
also asks the Court to send him the form on which to file a § 2241
petition. Petitioner concludes by asking the Court to grant an
additional 30 days to give him time to consult with counsel.
On August 1, 2022, a § 2241 petition was filed in this matter.
(Doc.

8.)

Thus,

it

appears

that

Petitioner

no

longer

needs

additional forms for this matter. Moreover, because Petitioner has
now complied with the Memorandum and Order, the Court will deny the
motion for continuance (Doc. 7) to do so as moot. The Court will
conduct an initial review of the § 2241 petition and will issue
further orders as necessary. The Court also advises Petitioner that
if counsel will represent him in this matter, she must enter her
appearance as required by Local Rule 5.1. See D. Kan. Rule 5.1.

IT IS THEREFORE ORDERED that the motion for continuance (Doc.
7) is denied as moot. The Court will conduct an initial review of
the operative petition under §

2241 (Doc. 8) and issue further

orders as necessary.
IT IS SO ORDERED.
DATED:

This 2nd day of August, 2022, at Topeka, Kansas.

Case 5:22-cv-03150-SAC Document 9 Filed 08/02/22 Page 3 of 3

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge