United States District Court, S.D. Illinois
October 24, 2005.
ROBERT J. KUEKER, Inmate #A66011, Petitioner,
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
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.
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