DETLOFF v. ORTIZ

Filing 2

OPINION AND ORDER TO ANSWER, Petitioner's application to proceed in forma pauperis is GRANTED, etc. Signed by Chief Judge Jerome B. Simandle on 4/17/17. (js)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

HONORABLE JEROME B. SIMANDLE

SCOTT R. DETLOFF,
Petitioner,

Civil Action
No. 17-1716 (JBS)

v.
DAVID ORTIZ,

OPINION AND ORDER
Respondent.

SIMANDLE, Chief Judge:
Pro se Petitioner Scott R. Detloff has submitted a petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2241, application
to proceed in forma pauperis, and request for an expedited briefing
schedule.
1.

Based on Petitioner’s affidavit of indigency and

certified account statement, the application to proceed in forma
pauperis is granted.
2.

After reviewing the petition pursuant to the rules

governing habeas proceedings, the Court shall order Respondent to
answer the petition.
3.

Petitioner challenges the Bureau of Prisons’ calculation

of his federal sentence. He asserts that he would be eligible for
release on July 2, 2017 if the Court grants his petition. Request
for Expedited Schedule, Docket Entry 1-1.
4.

Petitioner’s administrative remedy was exhausted as of

October 13, 2015. Petition Exhibit 19. A prior § 2241 petition

challenging the calculation was filed in the District Court for the
Middle District of Florida on March 16, 2016, and was dismissed
after Petitioner voluntarily withdrew his petition. Request for
Expedited Schedule ¶ 1 (citing Detloff v. Warden, FCC Coleman –
Low, No. 5:16-cv-00137 (M.D. Fla. June 16, 2016)). The United
States had already filed an answer to the petition at the time of
the withdrawal. Id.
5.

Although there is not long before the date on which

Petitioner claims to be eligible for release, the short amount of
time is entirely Petitioner’s doing. He chose to wait nearly a year
before refiling his petition in this district after choosing to
voluntarily withdraw his prior petition. The United States has
already expended its time and resources answering the petition. The
Court will not require it to do so again on an expedited basis due
to Petitioner’s actions, nor will it unnecessarily waste scarce
judicial resources expediting a case that had been ripe for
decision prior to the voluntary withdrawal.
THEREFORE, IT IS on this

17th

day of

April

, 2017;

ORDERED that Petitioner’s application to proceed in forma
pauperis is GRANTED. The Clerk shall file the petition; and it is
further
ORDERED that the Clerk of the Court shall serve copies of the
Petition and this Opinion and Order upon Respondent David Ortiz by
regular mail, with all costs of service advanced by the United
States; and it is further
2

ORDERED that the Clerk of the Court shall forward a copy of
the Petition and this Opinion and Order to Chief, Civil Division,
United States Attorney’s Office, at the following email address:
[e-mail]; and it is further
ORDERED that Petitioner’s Request for Expedited Briefing
Schedule (Docket Entry 1-1) is DENIED; and it is further
ORDERED that, within 30 days of the date of entry of this
Order, Respondent shall electronically file an answer which
responds to the allegations of the Petition paragraph by paragraph
and which includes all affirmative defenses Respondent seeks to
invoke; and it is further
ORDERED that the answer shall state the statutory authority
for Petitioner’s detention, see 28 U.S.C. § 2243; and it is further
ORDERED that Respondent shall electronically file with the
answer certified copies of the administrative record and all
documents relating to Petitioner’s claim; and it is further
ORDERED that, within 20 days of receipt of the answer,
Petitioner may file and serve a reply to the answer; and it is
finally
ORDERED that within 7 days of Petitioner’s release, be it on
parole or otherwise, Respondent shall electronically file a written
notice of the same with the Clerk; and it is finally

3

ORDERED that the Clerk shall send a copy of this Opinion and
Order to Petitioner by regular mail.

April 17, 2017
Date

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

4