BRISCOE v. UNITED STATES PAROLE COMMISSION
Filing
9
MEMORANDUM AND ORDER - ORDERED that petitioners application to proceed in forma pauperis is granted; ORDERED that the Clerk shall replace the United States Parole Commission with Jordan Hollingsworth as the respondent in this case; ORDERED that res pondent shall file and serve with the answer certified copies of all documents necessary to resolve petitioners claims and affirmative defenses; and it is further ORDERED that within forty-five (45) days of receipt of the answer, petitioner may file a reply to the answer. Signed by Judge Robert B. Kugler on 3/14/16. (dd, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
__________________________________________
MAURICE ANGELO BRISCOE,
:
:
Civ. No. 15-8857 (RBK)
Petitioner,
:
:
v.
:
MEMORANDUM AND ORDER
:
UNITED STATES PAROLE COMMISSION,
:
:
Respondent.
:
__________________________________________:
Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix, in Fort Dix, New
Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241. Petitioner’s application to proceed in forma pauperis will be granted based on the
information provided therein. In accordance with Rule 4 of the Rules Governing Section 2254
Cases, applicable to § 2241 cases through Rule 1(b) of the Rules Governing Section 2254 Cases,
this Court has screened the petition for dismissal and determined that dismissal without an
answer and the record is not warranted. In addition any arguments respondent shall make in its
answer, Respondent’s answer shall specifically address whether § 2241 is the proper vehicle for
petitioner to bring this action in this Court.
The proper sole respondent in this case is the warden of the F.C.I. Fort Dix who is Jordan
Hollingsworth. See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004). Therefore, the Clerk will
be ordered to replace the United States Parole Commission with Jordan Hollingsworth as the
respondent in this case.
Accordingly, IT IS this 11th
day of March, 2016,
ORDERED that petitioner’s application to proceed in forma pauperis is granted; and it is
further
ORDERED that the Clerk shall replace the United States Parole Commission with Jordan
Hollingsworth as the respondent in this case; and it is further
ORDERED that the Clerk shall serve a copy of the petition (Dkt. No. 1) and this Order
upon respondent Hollingsworth by regular mail, with all costs of service advanced by the United
States; and it is further
ORDERED that the Clerk shall forward a copy of the petition (Dkt. No. 1) and this Order
to the Chief, Civil Division, United States Attorney’s Office, at the following email address:
USANJ-HabeasCases@usdoj.gov; and it is further
ORDERED that within forty-five (45) days of the date of the entry of this Order,
respondent shall file and serve an answer which responds to the allegations and grounds in the
petition and which includes all affirmative defenses respondent seeks to invoke; and it is further
ORDERED that respondent shall file and serve with the answer certified copies of all
documents necessary to resolve petitioner’s claims and affirmative defenses; and it is further
ORDERED that within forty-five (45) days of receipt of the answer, petitioner may file a
reply to the answer; and it is further
ORDERED that within seven (7) days of petitioner’s release, be it parole or otherwise,
respondent shall electronically file a written notice of the same with the Clerk.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?