EVANS v. WARDEN J. HOLLINGSWORTH

Filing 12

MEMORANDUM AND ORDER TO ANSWER. Signed by Judge Noel L. Hillman on 3/19/18. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
HERBERT EVANS,
:
:
Petitioner,
:
:
v.
:
:
U.S. PAROLE COMMISSION,
:
:
Respondent.
:
______________________________:

Civ. Action No. 18-3505 (NLH)

MEMORANDUM AND ORDER

Petitioner is a prisoner currently incarcerated at the
Federal Correctional Institution 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.

ECF No. 1.

This action was

originally transferred from the U.S. District Court for the
District of Columbia.

See ECF No. 9 (ordering transfer).

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

19th

day of

March

, 2018,

ORDERED that the Clerk shall substitute as defendant the
Warden of the Federal Correctional Institution at Fort Dix, J.
Hollingsworth, see Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004)
(“The federal habeas statute straightforwardly provides that the

proper respondent to a habeas petition ‘is the person who has
custody over [the petitioner]’” (quoting 28 U.S.C. § 2242)); and
it is further
ORDERED that the Clerk shall serve a copy of the Petition,
ECF No. 1, and this Order upon Respondent 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:

[e-mail]; and it is further

ORDERED that within thirty (30) 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 fifteen (15) days of receipt of the
answer, Petitioner may file a reply to the answer; and it is
further

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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 finally
ORDERED that the Clerk shall serve this Order on Petitioner
by regular U.S. mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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