BRILEY v. LYNCH et al
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.)
NOT FOR PUBLICATION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:
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
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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