IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Raymond Edward Chestnut, #13465-

171,

Petitioner,

vs.

Federal Bureau of Prisons,

Respondent.

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C/A No.: 1:15-2770-RBH-SVH

ORDER

This is an action seeking habeas corpus relief under 28 U.S.C. § 2241. Petitioner is 

a prisoner. Therefore, in the event that a limitations issue arises, Petitioner shall have the 

benefit of the holding in Houston v. Lack, 487 U.S. 266 (1988) (holding that a prisoner’s 

pleading was filed at the moment of delivery to prison authorities for forwarding to 

District Court). Under Local Civ. Rule 73.02(B)(2)(c) (D.S.C.), pretrial proceedings in 

this action have been referred to the assigned United States Magistrate Judge.

PAYMENT OF THE FILING FEE:

Petitioner has requested to proceed without prepaying the filing fee by filing an 

Application to Proceed in District Court Without Prepaying Fees or Costs, which is 

construed as a Motion for Leave to Proceed in forma pauperis. Based on a review of the 

motion, Petitioner’s request to proceed in forma pauperis is granted. [ECF No. 2]. 

TO THE CLERK OF COURT:

The Clerk of Court is directed to remove the Federal Bureau of Prisons from the 

docket and to add the Warden of USP-Lewisburg, Lewisburg, PA, as a respondent 

because a prisoner’s custodian is the proper respondent in a habeas corpus action. 

Rumsfeld v. Padilla, 542 U.S. 426, 434–35 (2004). The Clerk of Court shall not serve the 

§ 2241 petition upon Respondent at this time. 

TO PETITIONER: 

Petitioner must place the Civil Action Number (C/A No.: 1:15-2770-RBH-SVH) 

listed above on any document filed in this case. Any future filings in this case must be 

sent to United States District Court, 901 Richland Street, Columbia, South Carolina 

29201. All documents requiring Petitioner’s signature shall be signed with Petitioner’s 

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full legal name written in Petitioner’s own handwriting. Pro se litigants shall not use the 

“s/typed name” format used in the Electronic Case Filing System. In all future filings 

with this court, Petitioner is directed to use letter-sized (eight and one-half inches by 

eleven inches) paper only, to write or type text on one side of a sheet of paper only and 

not to write or type on both sides of any sheet of paper. Petitioner is further instructed not 

to write to the edge of the paper, but to maintain one inch margins on the top, bottom, and 

sides of each paper submitted. 

Petitioner is a pro se litigant. Petitioner’s attention is directed to the following 

important notice:

You are ordered to always keep the Clerk of Court advised in writing

(United States District Court, 901 Richland Street, Columbia, South 

Carolina 29201) if your address changes for any reason, so as to assure that 

orders or other matters that specify deadlines for you to meet will be 

received by you. If as a result of your failure to comply with this order, you 

fail to meet a deadline set by this court, your case may be dismissed for 

violating this order. Therefore, if you have a change of address before this 

case is ended, you must comply with this order by immediately advising the 

Clerk of Court in writing of such change of address and providing the court 

with the docket number of all pending cases you have filed with this court. 

Your failure to do so will not be excused by the court.

IT IS SO ORDERED.

August 19, 2015 Shiva V. Hodges

Columbia, South Carolina United States Magistrate Judge

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