A.N.C. v. Warden, Stewart Detention Center

United States District Court for the Middle District of Georgia

A.N.C. v. Warden, Stewart Detention Center

Trial Court Opinion

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

A.N.C., : : Petitioner, : : v. : Case No. 4:25-cv-329-CDL-CHW :

28 U.S.C. § 2241

WARDEN, STEWART DETENTION : CENTER,1 : : Respondent. : _________________________________

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

28 U.S.C. § 2241

on October 17, 2025 (ECF No. 1). Petitioner has paid the required filing fee. 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 22nd day of October, 2025.

s/ Charles H. Weigle Charles H. Weigle United States Magistrate Judge

1 [T]he default rule [for claims under

28 U.S.C. § 2241

] 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) (citations omitted). The Clerk’s office is DIRECTED to change the docket to reflect the Warden of Stewart Detenion Center as the sole appropriately named respondent in this action.

Reference

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