Stile v. Strafford County Department of Corrections et al
ORDER the petioner is to amend his petition 1 Petition for Writ of Habeas Corpus - 2241. ( Amended Pleadings due by 8/21/2013.) So Ordered by Magistrate Judge Landya B. McCafferty.(mm)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Civil No. 13-cv-071-PB
Bruce Pelkie, Superintendent,
Strafford County House of Corrections,
and David L. Cargill, Jr., United States Marshal
for the District of New Hampshire1
O R D E R
Before the court for a preliminary review is pro se
petitioner James Stile’s petition for writ of habeas corpus
(doc. no. 1) filed pursuant to 28 U.S.C. § 2241.
Stile is a
federal criminal defendant in the custody of the United States
Marshals Service in pretrial detention at the Strafford County
House of Corrections (“SCHC”) in Dover, New Hampshire, awaiting
further proceedings in a criminal case in the District of Maine,
United States v. Stile, No. 1:11-cr-00185-JAW (D. Me.).
matter is before the court to determine whether the petition is
Stile has named both the Strafford County Department of
Corrections and the United States Marshals Service as the
respondents in this action. The proper respondent is Stile’s
current custodian. See 28 U.S.C. § 2243 (writ shall be directed
to petitioner’s custodian). The court has substituted the
Strafford County House of Corrections superintendent and the
United States Marshal for the District of New Hampshire for
those respondents named by Stile, and directs the clerk’s office
to correct the docket accordingly.
facially valid and may proceed.
See Rule 4 of the Rules
Governing Section 2254 Cases in the United States District
Courts (“§ 2254 Rules”); see also § 2254 Rule 1(b) (authorizing
court to apply § 2254 Rules to habeas corpus petitions filed
under § 2241).
For reasons stated in the report and
recommendation issued this date, the court grants Stile leave to
amend the petition to provide this court with an update on his
current classification and conditions of confinement at the
SCHC, and to state whether any review of his classification and
or confinement conditions has occurred affecting his confinement
conditions at SCHC.
Stile is granted leave to file an amended petition, within
fourteen days of the date of this order, describing, with
The nature of Stile’s conditions of confinement at
SCHC, and/or security classification, for the duration of
his stay there;
Whether Stile had any opportunity, after his transfer
to the SCHC, to challenge the imposition of restrictive
conditions of confinement and/or to obtain SCHC or USMS
review of his security classification at the SCHC, and the
results, if any, of such review.
After receipt of Stile’s response to this order, or the
expiration of the time granted for Stile to file a response,
this court will conclude its preliminary review of the petition,
pursuant to § 2254 Rule 4.
United States Magistrate Judge
August 7, 2013
James Stile, pro se
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