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Justin L. Fletcher, 08958-030 v. Wendy Roal

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


September 4, 2012

JUSTIN L. FLETCHER, 08958-030, PETITIONER,
v.
WENDY ROAL, WARDEN, USP MARION, RESPONDENT.

The opinion of the court was delivered by: Herndon, Chief Judge:

MEMORANDUM AND ORDER

Before the Court is petitioner Justin L. Fletcher's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) challenging the Bureau of Prisons' ("BOP") decision to limit his residential re-entry center (RRC) placement to 120 days. The petitioner is currently serving a sentence of 20 months imprisonment for the offense of possession of child pornography (18 USC § 2252), following his December 15, 2010, conviction in the Southern District of Iowa. The petitioner's projected release date is September 13, 2012.

While the petitioner was confined at the United States Penitentiary in Marion, Illinois ("USP Marion"), the petitioner's unit team reviewed his request for RRC placement and recommended a placement range of 1-120 days. On June 20, 2011, the petitioner requested additional RRC placement per the Second Chance Act. The petitioner's request for additional RRC placement was denied on June 23, 2011. The petitioner filed a Regional Administrative Remedy Appeal which was denied on July 19, 2011. Thereafter, the petitioner filed this action naming as Respondent Wendy Roal, the warden of USP Marion.*fn1

Without commenting on the merits of petitioner's claims, the Court concludes that the petition survives preliminary review under Rule 4 and Rule 1(b) of the Rules Governing Section 2254 Cases in United States District Courts.*fn2

IT IS HEREBY ORDERED that respondent shall answer the petition or otherwise plead within thirty days of the date this order is entered. This preliminary order to respond does not, of course, preclude the government from making whatever waiver, exhaustion, or timeliness arguments it may wish to present. 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.

Digitally signed by Date: 2012.09.04 17:30:21 -05'00'

David R. Herndon Chief Judge United States District Court


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