Filing 2

MEMORANDUM AND ORDER TO ANSWER within 45 days of the date of the entry of this Order. Signed by Judge Renee Marie Bumb on 9/23/2016. (tf, n.m.)

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE ____________________________________ JAY BONANZA BRILEY, : : Petitioner, : : v. : : MR. ORTIZ, WARDEN, FCI FORT DIX, : : Respondent. : ___________________________________: Civ. No. 16-5571(RMB) MEMORANDUM AND ORDER Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix, in Fort Dix, New Jersey. He is proceeding pro se on his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.1 In accordance with Rule 4 of the Rules Governing Section 2254 Cases, applicable to § 2241 cases through Rule 1(b) of the Rules screened the Governing Section petition for 2254 Cases, dismissal and this Court determined has that dismissal without an answer and the record is not warranted. Petitioner (Pet., ECF No. requested 1, habeas ¶¶33-36.) relief Damages are and money damages. not available in a habeas proceeding under 28 U.S.C. § 2241. See Descamps v. Warden Lewisburg curiam)(the 1 USP, 617 proper F. means App’x for 110, 111 seeking (3d damages Cir. 2015)(per or injunctive Generally, the only proper respondent in a proceeding under 28 U.S.C. § 2241 is the Petitioner’s immediate custodian. Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004). relief is a civil rights action). If Plaintiff wishes to seek damages for the wrongdoing alleged in the petition, he must file a separate civil rights action under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), after exhausting administrative remedies pursuant to 42 U.S.C. § 1997e(a). IT IS THEREFORE on this 23rd day of September 2016, ORDERED that the Clerk shall serve a copy of the petition (ECF. No. 1) and this Order upon respondent Ortiz 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 (ECF. No. 1) and this Order to the Chief, Civil Division, United States Attorney’s Office, at the following email address:; 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 2 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/RENÉE MARIE BUMB RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE 3

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