Thompson v. Pearson et al

Filing 6

ORDER Dismissing United States Department of Justice with prejudice. The United States Districk Clerk is hereby directed to issue summons to Bruce Pearson and Respondent Bruce Pearson to file an answer within 20 days of the service of a copy of this order. Signed by Honorable David C. Bramlette, III on 2/9/10 (MGB)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION MICHAEL THOMPSON, #06271-088 VERSUS PETITIONER CIVIL ACTION NO. 5:09-cv-163-DCB-MTP RESPONDENTS

BRUCE PEARSON AND UNITED STATES DEPARTMENT OF JUSTICE ORDER

This matter is before the court, sua sponte, to review the application for habeas corpus pursuant to 28 U.S.C. § 2241 filed October 8, 2009, by petitioner. The petitioner names Bruce Pearson and the United States Department of Justice as the respondents in this cause. A writ of habeas corpus is "directed to the person having custody of the person detained." 28 U.S.C. § 2243. Thus, the only proper respondent in a habeas petition is the warden of the facility where the petitioner is incarcerated. Having reviewed the petition [1] and responses [3 & 5], it is hereby, ORDERED AND ADJUDGED: 1. That the United States Department of Justice is dismissed with prejudice as a respondent in this cause. 2. That the respondent, Bruce Pearson, file an answer in this cause within 20 days of the service of a copy of this order. 3. That the United States District Clerk is hereby directed to issue summons to Bruce Pearson, Warden, FCC - Yazoo City, Post Office Box 5666, 2225 Haley Barbour Parkway, Yazoo City, Mississippi 39194. 4. That the United States District Clerk shall serve, by certified mail, a copy of the

summons, the petition filed herein and a copy of this order upon Renee Yancey, Civil Process Clerk, Office of the United States Attorney for the Southern District of Mississippi, 188 E. Capitol St., Suite 500, Jackson, Mississippi 39201; Attorney General of the United States, at 10th Street & Constitution Avenue, Washington, D.C. 20530; and Bruce Pearson, FCC - Yazoo City, Post Office Box 5666, 2225 Haley Barbour Parkway, Yazoo City, Mississippi 39194. 5. That the United States District Clerk shall also serve a copy of this order upon petitioner by mailing same to petitioner's last known address. SO ORDERED, this the 9th day of February, 2010.

s/ David Bramlette UNITED STATES DISTRICT JUDGE

5:09-cv-163-DCB-MTP

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