Peterkin v. Federal Bureau of Prisons

Filing 14

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 Kaymani D West on 5/4/2012. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Perry Peterkin, #92172-071,
Petitioner,
vs.
Warden, FCC-Victorville,
Respondent.
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) C/A No. 5:12-1024-MBS-KDW
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ORDER
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This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Petitioner is a
prisoner. 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 (1988) (prisoner’s pleading was filed at the moment
of delivery to prison authorities for forwarding to district court). Under Local Rule 73.02(B)(2),
pretrial proceedings in this action have been referred to the assigned United States Magistrate
Judge.
By Order dated April 25, 2012, Petitioner was given a specific time frame in which to bring
this case into proper form. Petitioner has complied with the court’s Order, and this case is now in
proper form.
Petitioner has paid the full filing fee (Receipt No. SCX400007707).
TO THE CLERK OF COURT:
The Clerk of Court shall not serve the § 2241 Petition upon Respondent because the Petition
should be transferred to the United States District Court for the Central District of California.
IT IS SO ORDERED.

May 4, 2012
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge