UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 

:

MARSEILLE CLAUDY, :

:

Petitioner, :

:

v. :

:

WAYNE MULLER, et al., : 

 :

Respondents. :

 :

Civil No. 11-3440 (WJM)

ORDER

Petitioner, Marseille Claudy, having filed a petition for a

writ of habeas corpus pursuant to 28 U.S.C. § 2241, together with

an application for issuance of an Order to Show Cause; and it

appearing that Petitioner, an immigration detainee presently

confined at the Hudson County Correctional Center in Kearny, New

Jersey, is challenging his continued detention pending his

removal, pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001), on

the grounds that it violates federal constitutional law;

It is on this 12 day of July, 2011, th

ORDERED that the Clerk of the Court shall serve copies of

the Petition, this Order, and all other documents docketed in

this matter upon Respondents by certified mail, return receipt

requested, with all costs of service advanced by the United

States; and it is further

ORDERED the Clerk shall forward, electronically or by

regular mail, a copy of the Petition and this Order to the Chief,

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Civil Division, United States Attorney’s Office, 970 Broad

Street, Room 700, Newark, NJ 07102; and it is further

ORDERED that, in accordance with Rule 4 of the Rules

Governing Section 2254 Cases, applicable to § 2241 cases through

Rule 1(b), see 28 U.S.C. § 2254 Rules 1(b), 4, this Court has

screened the Petition for dismissal and determined that dismissal

without an answer and the record is not warranted; and it is

further 

ORDERED that, within 30 days after the date of entry of this

Order, Respondents shall electronically file a full and complete

answer to said Petition, which responds to the factual and legal

allegations of the Petition paragraph by paragraph; and it is

further

ORDERED that the answer shall state the statutory authority

for Petitioner’s detention, see 28 U.S.C. § 2243; and it is

further

ORDERED that Respondents shall raise by way of the answer

any appropriate defenses which Respondents may wish to have the

Court consider, including, but not limited to, exhaustion of

administrative remedies, and also including, with respect to the

asserted defenses, relevant legal arguments with citations to

appropriate legal authority; and it is further

ORDERED that Respondents shall electronically file with the

answer certified copies of the administrative record and all

other documents relevant to Petitioner’s claims; and it is

further

2

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ORDERED that all exhibits to the Answer must be identified

by a descriptive name in the electronic filing entry, for

example:

“Exhibit #1 Transcript of [type of proceeding] held on

XX/XX/XXXX” or 

“Exhibit #2 Opinion entered on XX/XX/XXXX by Judge

YYYY”; 

and it is further

ORDERED that Petitioner may file and serve a reply in

support of the Petition within 30 days after the answer is filed;

and it is further

ORDERED that, within 7 days after any change in Petitioner’s

custody status, be it release or otherwise, Respondents shall

electronically file a written notice of the same with the Clerk

of the Court; and it is further

ORDERED that the Clerk of the Court shall serve this Order

on Petitioner by regular mail.

s/William J. Martini

 __________________________________

 WILLIAM J. MARTINI 

United States District Judge

3

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