Prieto v. FCI Berlin, Warden

Filing 9

CORRECTED ORDER Directing Clerk to Make Service. So Ordered by Magistrate Judge Andrea K. Johnstone.(cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Carlos Alberto Prieto
v.

Case No. 14-cv-514-JL

Esker L. Tatum, Jr.
O R D E R
Carlos Alberto Prieto, an inmate at the Federal Correctional
Institution, Berlin, New Hampshire (“FCI-Berlin”), has filed a
petition for a writ of habeas corpus (doc. no. 1), and an
addendum to that petition (doc. no. 5), pursuant to 28 U.S.C.
§ 2241.

The matter is before this court for preliminary review,

to determine whether the petition is facially valid and may
proceed.

See 28 U.S.C. § 2243; LR 4.3(d)(4)(A); Rule 4 of the

Rules Governing Section 2254 Cases (“§ 2254 Rules”); see also
§ 2254 Rule 1(b) (§ 2254 Rules may apply to § 2241 petitions).
Upon review of the petition and the addendum, the court
finds that it does not appear to be invalid on its face, and that
service of the petition is thus warranted.

The clerk’s office

shall serve the petition and addendum (doc. nos. 1 and 5) on
respondent, Esker L. Tatum, Jr., Warden of FCI-Berlin, and the
United States, in accordance with Fed. R. Civ. P. 4(i)(1) and
(2).

Respondent shall file an answer or other response to the

allegations in the petition within sixty days of the date of this
order.

See Fed. R. Civ. P. 12(a)(2).

The court further directs that within sixty days of filing
an answer, respondent shall either:
1.

Move for summary judgment (attaching as exhibits

all relevant court orders, transcripts, federal Bureau of
Prisons records, and agency decisions); or
2.

File a written statement representing that an

evidentiary hearing is necessary to resolve disputed issues
of material fact.
Any motion for summary judgment filed in this case, and any
briefing on that motion, shall include the information required
by, and shall comply with, the formatting requirements and
deadlines set in this order, Fed. R. Civ. P. 56, LR 7.1, and LR
56.1.

See § 2254 Rule 12; Fed. R. Civ. P. 81(a)(4) and 83.

The

parties are notified that § 2254 Rules 1(b), 4-8, 10, 11(b), and
12 shall apply to this petition.

See § 2254 Rule 1(b).

SO ORDERED.
/s/ Andrea K. Johnstone
Andrea K. Johnstone
United States Magistrate Judge
March 6, 2015
cc:

Carlos Alberto Prieto, pro se
Seth R. Aframe, Esq.

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