Orr v. FCI Berlin, Warden

Filing 9

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

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Lindsey Orr
v.

Civil No. 14-cv-452-PB

Esker Tatum, Warden, Federal
Correctional Institution,
Berlin, New Hampshire
O R D E R
Before the Court is a Petition for a Writ of Habeas Corpus
(doc. no. 1), and two addenda thereto (doc. nos. 5 and 6), filed
by Lindsey Orr, an inmate at the Federal Correctional
Institution, Berlin, New Hampshire (“FCI-Berlin”), pursuant to
28 U.S.C. § 2241.

The matter is here for preliminary review,

pursuant to Rule 4 of the Rules Governing Section 2254
Proceedings in the United States District Courts (Ҥ 2254
Rules”) and LR 4.3(d)(4).

See § 2254 Rule 1(b) (authorizing use

of § 2254 Rules for processing § 2241 petitions).
Upon review of the Petition, the Court finds that service
of the Petition is warranted.

The Clerk’s office shall serve

the Petition, and addenda thereto (doc. nos. 1, 5 and 6) on
Respondent Esker L. Tatum, Jr., the warden of FCI-Berlin, in
accordance with Fed. R. Civ. P. 4(i)(2), by arranging for

delivery of a summons, along with copies of the Petition (doc.
no. 1) , addenda (doc. nos. 5 and 6), and this Order, on the
United States Attorney for the District of New Hampshire; the
Attorney General of the United States; and on Esker Tatum, by
registered or certified mail.
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, the 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).
2

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.

_______________________________
Andrea K. Johnstone
United States Magistrate Judge
April 21, 2015
cc:

Lindsey Orr, pro se
Seth R. Aframe, Esq.

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