T.B.T. v. Warden, STEWART DETENTION CENTER

United States District Court for the Middle District of Georgia

T.B.T. v. Warden, STEWART DETENTION CENTER

Trial Court Opinion

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

T.B.T., : : Petitioner, : : v. : Case No. 4:25-cv-373-CDL-CHW :

28 U.S.C. § 2241

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

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

28 U.S.C. § 2241

on November 10, 2025, following a transfer from the United States District Court for the Northern District of Georgia. (ECF No. 21). The petition was originally filed in the Northen District on October 21, 2025. Petitioner has paid the required filing fee. Petitioner has also filed a motion for temporary restraining order (ECF No. 4) and a motion for order to show cause (ECF No. 15), which asks the Court to order Respondent to file a return within three days and to produce all evidence supporting Petitioner’s detention or pertaining to the revocation of his Order of Supervision. Respondent has been served through the United States Attorney for the Northern District of Georgia, who appeared on Respondent’s behalf at a hearing on Petitioner’s

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 Detention Center as the sole appropriately named respondent in this action. motion for temporary restraining order in the Northern District on October 28, 2025, after which the Court for the Northern District determined that it did not have jurisdiction.

Petitioner’s motion for order to show cause (ECF No. 15) is hereby GRANTED. Pursuant to

28 U.S.C. § 2243

, Respondent shall have three (3) days to file a comprehensive return to said application and to Petitioner’s motion for temporary restraining order. In the return, Respondent shall specifically state the statutory basis for Petitioner’s detention. Respondent is further ORDERED to produce all evidence supporting Petitioner’s detention within three (3) days. The Court will schedule a hearing as appropriate following

the receipt of Respondent’s return. SO ORDERED, this 12th day of November, 2025.

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

Reference

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