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United States ex rel Bell v. Schwartz

June 30, 2010

UNITED STATES OF AMERICA EX REL. TERREL BELL #B17431, PETITIONER,
v.
GREGORY SCHWARTZ, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Shortly after this 28 U.S.C. §2254*fn1 Petition for Habeas Corpus Relief ("Petition") was assigned to this Court's calendar, it sua sponte transferred the action to the United States District Court for the Southern District of Illinois on the premise that such a transfer was mandated by Rumsfeld v. Padilla, 542 U.S. 426 (2004) because Bell was in custody at the Pinckneyville Correctional Center ("Pinckneyville," located in that District). More than six months later, that court has just inquired whether the action could be retransferred here under the authority of Section 2241(d), a concurrent jurisdictional provision with which this Court had previously had no occasion to deal. This Court has immediately agreed to accept such a retransfer.

Because of the extended time that has elapsed (apparently the action had remained dormant in the other District Court), this Court has just as immediately conducted a review of the Petition, as called for by Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts ("Section 2254 Rules").*fn2 It has determined that the substantive claims advanced by Bell include contentions that arguably implicate the deprivation of constitutional rights.

Accordingly, in accordance with Section 2254 Rule 4 the respondent is ordered to file an answer or appropriate motion on or before July 29, 2010.*fn3 This Court will then promptly ...


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