Jose Adonay Morales Hercules v. William P. Joyce

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

JOSE ADONAY MORALES HERCULES,

Petitioner, v. Civil Action No. 3:26CV682 (RCY)

WILLIAM P. JOYCE,

Respondent.

MEMORANDUM OPINION

The Court has received a 28 U.S.C. § 2241 petition filed by or on behalf of Jose Adonay Morales Hercules, an immigration detainee. The envelope has a return address of Hollywood, Florida (ECF No. 1-14); however, Petitioner is detained in the Farmville Detention Center. Petitioner’s typed name is used on the § 2241 petition and other documents accompanying the petition, and he has not signed the § 2241 petition. Rule 2 of the Rules Governing Section 2254 Cases1 requires that petitions pursuant to 28 U.S.C. § 2254—and, by extension, § 2241—“be signed under penalty of perjury by the petitioner or by a person authorized to sign for the petitioner under 28 U.S.C. § 2241.” Rules Governing § 2254 Cases in the U.S. District Courts, Rule 2(c)(5). Petitioner must sign his submissions to this Court under penalty of perjury. Accordingly, the § 2241 Petition (ECF No. 1) will be DENIED WITHOUT PREJUDICE and the action will be DISMISSED.

1 Rule 1(b) of the Rules Governing § 2254 Cases permits this Court to apply the Rules Governing § 2254 Cases to petitions under 28 U.S.C. § 2241. Rule 1(b), Rules Governing § 2254 Cases; see Aguayo v. Harvey, 476 F.3d 971, 976 (D.C. Cir. 2007). Nevertheless, in order to expedite any further § 2241 petition filed by Petitioner himself, the Clerk is DIRECTED to mail a copy of this Memorandum Opinion and a standardized form for filing a § 2241 petition to Petitioner at the Farmville Detention Center.” If Petitioner wishes to pursue a § 224] petition, he should complete and return the form to the Court. Petitioner must sign the form himself. Any § 2241 petition will be opened as a new civil action. An appropriate Final Order shall issue.

/s/ Roderick C. Young Date: July 21, 2026 United States District Judge Richmond, Virginia

? The Clerk should mail this Memorandum Order and a standardized § 2241 petition form to Petitioner at the Farmville Detention Center with the “A” number, “209-295-235.” See ECF No. 1, at 1.