Gardner v. Warden

• Court: District Court, W.D. Washington
• Decided: October 1, 2024
• Docket: 2:24-cv-01413
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 JAMAL GARDNER, CASE NO. 2:24-cv-01413-JCC-GJL 8 Petitioner, v. ORDER FOR SERVICE AND 9 RETURN, § 2241 PETITION FEDERAL BUREAU OF PRISONS, 10 Respondent. 11

12 Petitioner Jamal Gardner, proceeding pro se, has filed a Petition for Writ of Habeas 13 Corpus pursuant to 28 U.S.C. § 2241. Dkt. 1. Petitioner has paid the filing fee. See id. The Court, 14 having reviewed the Petition, hereby ORDERS as follows: 15 (1) Respondent 16 Petitioner has named the Federal Bureau of Prisons (“BOP”) and Warden, Federal 17 Detention Center, SeaTac (“FDC Sea Tac”), as Respondents for this action. However, the proper 18 respondent for § 2241 petitions is “the person who has custody over [the petitioner].” Rumsfeld 19 v. Padilla, 542 U.S. 426, 434–35 (2004) (citing 28 U.S.C. §§ 2242, 2243). At the outset of this 20 action, Petitioner represented he was detained at FDC SeaTac, making the warden of that facility 21 the “person who has custody” over Petitioner. 22 23 24 1 Accordingly, the Clerk of Court is DIRECTED to STRIKE BOP as a Respondent in this 2 action. The Warden of the Federal Detention Center at SeaTac, Washington, remains the 3 Respondent in this action. The Clerk is also DIRECTED to UPDATE the case title. 4 (2) Service

5 If not previously accomplished, electronic posting of this Order and Petitioner’s § 2241 6 habeas petition shall effect service upon the United States Attorney of the Petition and all 7 supporting documents. Service upon the United States Attorney is deemed to be service upon the 8 named Respondents. 9 (3) Return 10 Within 30 days of the date this Order is posted, Respondent shall show cause why a 11 writ of habeas corpus should not be granted by filing a Return as provided in 28 U.S.C. § 2243. 12 As a part of such Return, Respondent shall submit a memorandum of authorities in support of 13 their position, and should state whether an evidentiary hearing is necessary. Respondent shall file 14 the Return with the Clerk of the Court and shall serve a copy upon Petitioner.

15 The Return will be treated in accordance with LCR 7. Accordingly, on the face of the 16 Return, Respondent shall note it for consideration no earlier than 28 days after filing. Petitioner 17 may file and serve a response not later than 21 days after the filing date of the Return, and 18 Respondent may file and serve a reply brief not later than 28 days after the return is filed. 19 (4) Filing by Parties, Generally 20 All attorneys admitted to practice before this Court are required to file documents 21 electronically via the Court’s CM/ECF system. All non-attorneys, such as pro se parties and/or 22 prisoners, may continue to file a paper original with the Clerk. All filings must indicate in the 23

24 1 upper right-hand corner the name of the United States Magistrate Judge to whom the document 2 is directed. 3 For any party filing electronically, when the total of all pages of a filing exceeds fifty 4 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as

5 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be 6 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.” Any 7 document filed with the Court must be accompanied by proof that it has been served upon all 8 parties that have entered a notice of appearance in the underlying matter. 9 (5) Motions 10 Any request for court action shall be set forth in a motion, properly filed and served. 11 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 12 part of the motion itself and not in a separate document. The motion shall include in its caption 13 (immediately below the title of the motion) a designation of the date the motion is to be noted for 14 consideration on the Court’s motion calendar.

15 (6) Direct Communications with District Judge or Magistrate Judge 16 No direct communication is to take place with the District Judge or Magistrate Judge with 17 regard to this case. All relevant information and papers are to be directed to the Clerk. 18 The Clerk is DIRECTED to send copies of this Order to Petitioner and to the Honorable 19 John C. Coughenour. 20 Dated this 1st day of October, 2024. 21 A 22 23 Grady J. Leupold United States Magistrate Judge 24