GOLDING v. WARDEN
MEMORANDUM & ORDER administratively terminating Respondent's 11 Motion to Dismiss; Directing Respondent to file a response to Petitioner's habeas petition within fourteen (14) days of the date of this memorandum and order, etc. Signed by Judge Noel L. Hillman on 6/4/2021. (rss, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 20-6571 (NLH)
WARDEN, FCI FT. DIX,
MEMORANDUM & ORDER
PO Box 2000
Joint Base MDL, NJ 08640
Petitioner pro se
John Francis Basiak
United States Attorney’s Office
402 E. State St., Room 430
Trenton, NJ 08608
HILLMAN, District Judge
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.
On July 2, 2020, this Court ordered Respondent to respond
to Petitioner’s habeas petition.
See ECF No. 5.
instructed Respondent that it could file a motion to dismiss on
jurisdictional grounds only or file a full and complete answer
to the habeas petition.
The order further instructed
the parties that any request to deviate from it needed to be
made by motion.
Respondent received two extensions of time to respond to
Petitioner’s habeas petition.
See ECF Nos. 8 & 10.
7, 2020, Respondent filed a motion to dismiss Petitioner’s
See ECF No. 11.
dismiss makes two arguments:
Respondent’s motion to
(1) this Court should dismiss the
habeas petition pursuant to the concurrent sentence doctrine;
or, alternatively, (2) this Court should deny the habeas
petition on the merits.
Neither argument implicates
this Court’s jurisdiction to consider Petitioner’s habeas
petition under § 2241.
Accordingly, given that Respondent’s failure to make a
jurisdictional argument within its motion to dismiss, the motion
to dismiss is administratively terminated. 1
file a response to the habeas petition instead of a motion to
Respondent is free to make similar and/or additional
arguments in its response as it made in its motion to dismiss as
Respondent did not seek permission by motion to deviate from
this Court’s July 2, 2020 order to answer which permitted a
motion to dismiss only on jurisdictional grounds.
this memorandum and order makes no findings as to the arguments
Respondent made therein.
Therefore, IT IS on this __4th___ day of June, 2021,
ORDERED that Respondent’s motion to dismiss, ECF No. 11, is
administratively terminated; and it is further
ORDERED that Respondent shall file a response to
Petitioner’s habeas petition within fourteen (14) days of the
date of this memorandum and order; and it is further
ORDERED that Petitioner may file a reply brief within
thirty (30) days of Petitioner’s receipt of Respondent’s
response to his habeas petition; and it is further
ORDERED that the Clerk shall serve this memorandum and
order on Petitioner by regular U.S. mail.
s/ Noel L. Hillman ____
NOEL L. HILLMAN, U.S.D.J.
At Camden, New Jersey
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?