MBACKE v. DICKERSON

United States District Court for the Middle District of Georgia

MBACKE v. DICKERSON

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

O.M., : : Petitioner, : : v. : Case No. 4:24-cv-121-CDL-AGH :

28 U.S.C. § 2241

Warden, STEWART DETENTION : CENTER, et al., : : Respondents.1 : _________________________________

ORDER The Court received Petitioner’s application for habeas corpus relief under

28 U.S.C. § 2241

on September 3, 2024 (ECF No. 1). Having initially reviewed Petitioner’s application, the Court finds good cause to extend the time for a response.

28 U.S.C. § 2243

. Accordingly, Respondent shall have twenty-one (21) days to file a comprehensive response to said application. Within fourteen (14) days thereafter, Petitioner should file any desired reply. The Court will consider whether to hold an evidentiary hearing once briefing is complete. SO ORDERED, this 3rd day of September, 2024. s/ Amelia G. Helmick UNITED STATES MAGISTRATE JUDGE

1 Petitioner also names the United States Attorney General, the Secretary of the Department of Homeland Security, the Director of Immigration and Customs Enforcement (“ICE”), and the Atlanta field office director of ICE as respondents in his Petition. However, when a petitioner challenges the validity of physical confinement through a habeas application, “the default rule is that the proper respondent is the warden of the facility where the prisoner is being held, not the Attorney General or some other remote supervisory official.” Rumsfeld v. Padilla,

542 U.S. 426, 435

(2004). Accordingly, the Court will remove these respondents from the case and leave only the Warden of Stewart Detention Center, where Petitioner is currently detained, as Respondent. The Clerk is DIRECTED to correct the docket and case caption to reflect this change.

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