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KUEKER v. WILLIAMSON

United States District Court, S.D. Illinois


October 24, 2005.

ROBERT J. KUEKER, Inmate #A66011, Petitioner,
v.
DARRELL G. WILLIAMSON, JERRY D. FLYNN, RAYBURN FRICKE, and WARDEN McCANN, Respondents.

The opinion of the court was delivered by: DAVID HERNDON, District Judge

MEMORANDUM AND ORDER

Petitioner, currently incarcerated in the Shawnee Correctional Center, brings this habeas corpus action pursuant to 28 U.S.C. § 2254 to challenge the constitutionality of his confinement. He seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

Leave to proceed in forma pauperis is GRANTED.

  Before further proceedings are ordered, a few words about the named respondent are necessary. Petitioner names as respondents Darrell G. Williamson, Jerry D. Flynn, Rayburn Fricke, and Warden McCann. The only proper respondent in a collateral attack is Petitioner's custodian. See Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts. Because Petitioner is incarcerated, the only proper respondent is Warden Terry McCann. Darrell G. Williamson, Jerry D. Flynn, and Rayburn Fricke are DISMISSED as parties and should not appear as a litigant in any future § 2254 case except under the conditions specified in Rule 2(b). IT IS HEREBY ORDERED that Respondent shall, within twenty-three (23) days of receipt of this application for Writ of Habeas Corpus, answer and show cause why the writ should not issue.

  Service upon the Illinois Attorney General, Criminal Appeals Bureau, 100 West Randolph, 12th Floor, Chicago, Illinois 60601 shall constitute sufficient service.

  IT IS FURTHER ORDERED that pursuant to Local Rule 72.1(a)(2), this cause is referred to a United States Magistrate Judge for further pre-trial proceedings.

  IT IS FURTHER ORDERED that this entire matter be REFERRED to a United States Magistrate Judge for disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the parties consent to such a referral.

  IT IS SO ORDERED.

20051024

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