LOPEZ-NEGRON v. ORTIZ

Filing 5

MEMORANDUM AND ORDER TO ANSWER. Signed by Judge Robert B. Kugler on 2/14/17. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
__________________________________________
FRANCISCO E. LOPEZ-NEGRON,
:
:
Civ. No. 16-9075 (RBK)
Petitioner,
:
:
v.
:
MEMORANDUM AND ORDER
:
DAVID ORTIZ,
:
:
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. Previously, this matter was administratively terminated as petitioner had not paid the filing
fee nor had he submitted a complete application to proceed in forma pauperis. Subsequently,
petitioner paid the filing fee such that the Clerk will be ordered to reopen this action.
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.
Therefore, IT IS this 14th day of February, 2017,
ORDERED that the Clerk shall reopen 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 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 (Dkt. No. 1) and this Order
to the Chief, Civil Division, United States Attorney’s Office, at the following email address:
[e-mail]; 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; and it is further
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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