CACERES v. GREEN

Filing 2

MEMORANDUM/ORDER TO ANSWER that the Clerk shall serve a copy of the petition (Dkt. No. 1) and this Order upon respondent Charles Green by regular mail, with all costs of service advanced by the United States; that the Clerk shall forward a copy of the petition (Dkt. No. 1) and this Order to the Chief, Civil Division, United States Attorneys Office, at the following email address: USANJ-HabeasCasesusdoj.gov; 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, in addition to any other arguments respondent may make; that within thirty (30) days of receipt of the answer, petitioner may file a reply to the answer; that within seven (7) days of petitioners release, by parole or otherwise, respondent shall electronically file a written notice of the same with the Clerk; etc. Signed by Judge Kevin McNulty on 8/23/16. N/M(DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
FREDY CACERES,
Petitioner,

Civ. No. 16-5046 (KM)

V.

MEMORANDUM AND ORDER
CHARLES GREEN,
Respondent.

Petitioner, Fredy Caceres, is an immigration detainee currently lodged at the Essex
County Correctional Facility in Newark, New Jersey. He is proceeding with pro se with a
petition for writ of habeas corpus pursuant to 28 U.S.C.

§ 2241.

Mr. Caceres challenges his current immigration detention in his federal habeas petition.
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
habeas petition for dismissal and determined that dismissal without an answer and the record on
this issue is not warranted. In addition to any arguments that respondent may make in the answer,
respondent shall specifically address what impact, if any, Zadvydas v. Davis, 533 U.S. 678
(2001), has on the habeas petition.
Accordingly, IT IS this 23d day of August, 2016,
ORDERED that the Clerk shall serve a copy of the petition (Dkt. No. 1) and this Order
upon respondent Charles Green 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-HabeasCasesusdoj.gov; 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, in addition to any other
arguments respondent may make, the answer shall specifically address what impact, if any,
Zadvydas v. Davis, 533 U.S. 678 (2001) has on the petition; and it is further
ORDERED that respondent shall file and serve with the answer certified copies of all
documents necessary to resolve petitioner’s claim(s) and affirmative defenses; and it is further
ORDERED that within thirty (30) 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, by 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.

MCNULTY
United States District Judge

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