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Rollins v. Sherrod

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


July 18, 2008

SCOTT M. ROLLINS, PETITIONER,
v.
W. A. SHERROD, RESPONDENT.

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

MEMORANDUM AND ORDER

Petitioner is currently in federal custody at the Federal Correctional Institution in Greenville, Illinois. He believes that he should be eligible for release in less than a year. Because of a detainer lodged against him by the State of Colorado, however, the Bureau of Prisons will not place him in a halfway house facility. Therefore, he filed this action pursuant to 28 U.S.C. § 2241 to challenge the validity of the detainer. He has since filed a motion for leave to proceed in forma pauperis (Doc. 6), and the Court finds that he is indigent; accordingly, this motion is GRANTED.

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.

Petitioner's motion to expedite these proceedings (Doc. 4) is now MOOT.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge

20080718

© 1992-2008 VersusLaw Inc.



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