Opinion
Civ. 20-11052 (NLH)
01-19-2022
GEORGE B. SMITH, Petitioner, v. WARDEN EUGENE CALDWELL, [1] Respondent.
George B. Smith 32448 Petitioner Pro se Jennifer Webb-McRae, Cumberland County Prosecutor Andre R. Araujo, Assistant Prosecutor Attorneys for Respondent
George B. Smith
32448
Petitioner Pro se
Jennifer Webb-McRae, Cumberland County Prosecutor
Andre R. Araujo, Assistant Prosecutor
Attorneys for Respondent
MEMORANDUM ORDER
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, Petitioner George Smith filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his pretrial detention in the Cumberland County Jail, see ECF No. 1; and WHEREAS, Petitioner alleged the conditions of confinement violate the Fourteenth and Eighth Amendment of the Constitution due to the jail's handling of the COVID-19 pandemic, id.; and WHEREAS, the Court stayed the petition pending the resolution of a class action, Brown v. Warren, No. 1:20-cv-7907, involving the same factual and legal issues as the present habeas petition, ECF No. 7; and
WHEREAS, the Court expects the parties in Brown to enter into an amended consent decree, THEREFORE, IT IS on this 19th day of January, 2022
ORDERED that the Clerk shall lift the stay on this matter and return the case to the Court's active docket; and it is further
ORDERED that the Clerk shall substitute Eugene Caldwell as the Warden on the docket, Fed.R.Civ.P. 25(d); and it is further
ORDERED that Petitioner shall submit a supplemental brief in support of the § 2241 petition within 30 days of this Order. Respondent shall file a supplemental response within 21 days of Petitioner's submission; and it is finally
ORDERED that the Clerk shall send a copy of this Order to Petitioner by regular mail.