BOLING v. SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Filing 10

ORDER directing Clerk not to authorize service and advising plaintiff (or petitioner) to notify Clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 11/29/2012. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Oliver M. Boling, # 36688-118,

Petitioner,
vs.
Superior Court of the District of Columbia;
Warden of FCI-Estill,

Respondents.
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) C/A No. 4:12-3368-CMC-TER
) [formerly C/A No. 1:12-cv-01576 (D.D.C.)]
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ORDER
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This is an action seeking habeas corpus relief pursuant to 28 U.S.C. § 2241. Petitioner is a
prisoner confined at a federal correctional institution. Therefore, in the event that a limitations issue
arises, Petitioner shall have the benefit of the holding in Houston v. Lack, 487 U.S. 266, 276 (1988)
(prisoner’s pleading was filed at the moment of delivery to prison authorities for forwarding to
District Court). Under Local Civil Rule 73.02(B)(2) DSC, pretrial proceedings in this action have
been referred to the undersigned United States Magistrate Judge.
The above-captioned case was originally filed in the United States District Court for the
District of Columbia on September 17, 2012. Petitioner paid the five-dollar ($5) filing fee in the
United States District Court for the District of Columbia (Receipt No. 4616051590). On October 4,
2012, the Honorable Rudolph Contreras, United States District Judge, issued an order to show cause
(ECF No. 2) as to why the above-captioned case should not be transferred to the district of
Petitioner’s confinement. Petitioner responded to the order to show cause on October 22, 2012 (ECF
No. 3). On November 6, 2012, Judge Contreras, by order (ECF No. 4), transferred the case to the
District of South Carolina. The Clerk’s Office of the United States District Court for the District
of Columbia transmitted the case electronically to the District of South Carolina on November 27,
2012 (ECF No. 27).
TO THE CLERK OF COURT:
The Clerk of Court is directed to add to the docket the Warden of FCI-Estill as a respondent
because a prisoner’s custodian is the proper respondent in a habeas corpus action. Rumsfeld v.
Padilla, 542 U.S. 426, 434–35 (2004). The Clerk of Court shall not serve the § 2241 Petition upon
Respondents because the Petition is subject to summary dismissal.

TO PETITIONER:
Petitioner must place the Civil Action Number (C/A No.) listed above on any document filed
in connection with this case. Any future filings by Petitioner in this case must be sent to the Clerk’s
Office in Florence (Post Office Box 2317, Florence, South Carolina 29503). All documents
requiring Petitioner’s signature shall be signed with Petitioner’s full legal name written in
Petitioner’s own handwriting. Pro se litigants, such as Petitioner, shall not use the “s/typed name”
format used in the Electronic Case Filing System. In all future filings with this Court, Petitioner
is directed to use letter-sized (8½ inches by 11 inches) paper only, to write or type text on one side
of a sheet of paper only and not to write or type on both sides of any sheet of paper. Petitioner is
further instructed not to write to the edge of the paper, but to maintain one-inch margins on the top,
bottom, and sides of each paper submitted.
Petitioner is a pro se litigant. Petitioner's attention is directed to the following important
notice:
You are ordered to always keep the Clerk of Court advised in writing
(Post Office Box 2317, Florence, South Carolina 29503) if your
address changes for any reason, so as to assure that Orders or other
matters that specify deadlines for you to meet will be received by
you. If as a result of your failure to comply with this Order, you fail
to meet a deadline set by this Court, your case may be dismissed for
violating this Order. Therefore, if you have a change of address
before this case is ended, you must comply with this Order by
immediately advising the Clerk of Court in writing of such change of
address and providing the Court with the docket number of all
pending cases you have filed with this Court. Your failure to do so
will not be excused by the Court. Put this Order with your own
record of this case so that you will not overlook your duty.
IT IS SO ORDERED.

November 29, 2012
Florence, South Carolina

s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge

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