Champion v. U.S.

Full title: GARY CHAMPION, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, D. New Jersey

Date published: Nov 12, 2008

Civil Action No. 08-5099 (MLC) (D.N.J. Nov. 12, 2008)

Opinion

Civil Action No. 08-5099 (MLC).

November 12, 2008

ORDER

MARY COOPER, District Judge

Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 challenging the execution of his sentence. Petitioner did not submit his filing fee of $5.00 or his application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

IT IS THEREFORE on this 12th day of November, 2008, ORDERED that the Clerk shall serve a copy of the Petition and this Order by certified mail, return receipt requested, upon the United States Attorney for the District of New Jersey as a representative of the Respondent, at United States Attorney's Office, 970 Broad Street, Room 700, Newark, NJ 07102; and it is further

ORDERED that, in accordance with Rule 4 of the Rules Governing Section 2254 Cases, applicable to § 2241 cases through Rule 1(b),see 28 U.S.C. § 2254 Rules 1(b), 4, this Court has screened the Petition for dismissal and determined that dismissal without an answer and the record is not warranted; and it is further

ORDERED that, within 45 days of the date of the entry of this Order, Respondent shall electronically file an answer which responds to the allegations of the Petition, paragraph by paragraph; and it is further

ORDERED that the answer shall state the statutory authority for Petitioner's detention, see 28 U.S.C. § 2243; and it is further

ORDERED that Respondent shall electronically file with the answer certified copies of the administrative record and all documents relating to Petitioner's claim; and it is further

ORDERED that, within 15 days of receipt of the answer, Petitioner shall file and serve a reply to the answer claim; and it is further

ORDERED that, within 30 days of the date of the entry of this Order, Petitioner shall submit either his filing fee of $5.00 or his application to proceed in this matter in forma pauperis; and it is further

ORDERED that, within seven days of Petitioner's release, be it on parole or otherwise, Respondents shall electronically file a written notice of the same with the Clerk; and it is finally ORDERED that the Clerk shall serve a copy of this Order upon Petitioner, together with a blank application to proceed in forma pauperis.