PERRIN v. ORTIZ

Filing 3

MEMORANDUM AND ORDER TO ANSWER. Signed by Judge Robert B. Kugler on 6/29/17. (js)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY __________________________________________ ALSTON PERRIN, : : Civ. No. 17-4650 (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. 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 29th day of June, 2017, 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: 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; 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 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?