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Shelton v. Sherrod

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 24, 2008

KEITH SHELTON, PETITIONER,
v.
W. A. SHERROD, ET AL., RESPONDENTS.

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

MEMORANDUM AND ORDER

Petitioner filed this action pursuant to 28 U.S.C. § 2241 seeking credit against his federal sentence for time served in custody before his federal sentence was imposed. He seeks leave to proceed in forma pauperis, and the Court finds that he is, in fact, indigent. Therefore, the motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED. Furthermore, this motion to amend (Doc. 8) is GRANTED.

Petitioner names three different individuals as respondents in this action. However, in a habeas corpus petition, the only proper respondent is Petitioner's custodian. See 28 U.S.C. § 2243. Accordingly, Respondent Sherrod is the proper respondent; W. Bradley and Mr. Pottios are DISMISSED from this action with prejudice.

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 United States Attorney for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois, 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.

MICHAEL J. REAGAN United States District Judge

20080324

© 1992-2008 VersusLaw Inc.



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