THOMPSON v. GREEN et al

Filing 4

MEMORANDUM and ORDER that the Clerk shall reopen this proceeding. The Clerk shall forward a copy of the petition (DE 1 ) and this memorandum and order to the Chief, Civil Division, United States Attorneys Office. Respondent shall file and serve wi th the answer certified copies of all documents necessary to resolve petitioners claim(s) and affirmative defenses. Within forty-five (45) days of receipt of the answer, petitioner may file a reply to the answer. etc. Signed by Judge Kevin McNulty on 5/17/2019. (dam, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RICARDO T.,
Petitioner,

Civ. No. 19-11148 (KM)

v.
WARDEN, ESSEX COUNTY JAIL,

MEMORANDUM AND ORDER

Respondent.

Petitioner, Ricardo T.,’ is an immigration detainee currently held at the Essex County
Correctional Facility, in Newark, New Jersey. On April 25, 2019, acting pro se. he filed in this
Court a petition for writ of habeas corpus under 28 U.S.C.

§ 2241. The petition was initially

administratively terminated as Petitioner had failed to include either the required five-dollar
filing fee or an application to proceed in formapauperis. Petitioner has now paid the filing fee.
Petitioner challenges the duration of his present immigration detention. Under Rule 4 of
the Rules Governing
Governing

§

§ 2254 Cases (applied in this proceeding under Rule

1(b) of the Rules

2254 Cases), this Court has examined the petition and determined that dismissal

without receiving an answer and the underlying record is not warranted.
Accordingly, IT IS this ay of May 2019
ORDERED that the Clerk shall reopen this proceeding; and it is further

Consistent with guidance regarding privacy concerns in social security and immigration cases by
the Committee on Court Administration and Case Management of the Judicial Conference of the United
States, Petitioner is identified herein only by his given name and family-name initial.
I

ORDERED that the Clerk shall serve copies of the petition (DE I) and this memorandum
and 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 fonvard a copy of the petition (DE I) and this
memorandum and order to the Chief, Civil Division, United States Attorney’s Office, at the
following email address: USANJJIabeasCasesusdoj.gov; and it is further
ORDERED that, within forty-five (45) days of the entry of this memorandum and order,
respondent shall file and serve an answer that (1) responds to the allegations and grounds in the
petition and (2) 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 claim(s) 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, by parole or otherwise, as
vell as any change in the basis for petitioner’s immigration detention, respondent shall
electronically file a written notice of the same with the Clerk.

KEVIN MCNULTY
United States District Judge

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