Opinion
Civ. No. 20-5655 (NLH)
06-25-2020
HECTOR MORALES, Petitioner, v. WARDEN, Respondent.
APPEARANCES: Hector Morales 21204-014 Fort Dix Federal Correctional Institution P.O. Box 2000 Joint Base MDL, NJ 08640 Petitioner Pro Se
MEMORANDUM OPINION & ORDER
APPEARANCES : Hector Morales
21204-014
Fort Dix Federal Correctional Institution
P.O. Box 2000
Joint Base MDL, NJ 08640
Petitioner Pro Se HILLMAN , District Judge
Petitioner Hector Morales has filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 requesting release to home confinement under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, § 12003(b)(2) (2020), ("CARES Act"). ECF No. 1. He also requests to proceed in forma pauperis. ECF No. 8.
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 Amended Petition for dismissal and determined that dismissal without an answer and production of the record is not warranted.
THEREFORE IT IS on this 25th day of June, 2020
ORDERED that Petitioner's application to proceed in forma pauperis, ECF No. 8, is granted; and it is further
ORDERED that the Clerk shall serve a copy of the Petition, ECF No. 1, and this 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 forward a copy of the Petition and this Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov; and it is further
ORDERED that as promptly as possible under circumstances, and at least within seven (7) 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; and it is further
ORDERED that Respondent shall file and serve with the Answer certified copies of all documents necessary to resolve Petitioner's claims and affirmative defenses; and it is further
ORDERED that Petitioner may file a response to the answer within 14 days of receipt; and it is finally
ORDERED that the Clerk of the Court shall send a copy of this Order to Petitioner by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey