Blakeley v. Shelby County Correctional Center

District Court, W.D. Tennessee

Blakeley v. Shelby County Correctional Center

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

MICHAEL DAVID BLAKELEY, ) ) Petitioner, ) ) v. ) No. 2:24-cv-02215-SHL-atc ) SHELBY COUNTY CORRECTIONAL ) CENTER, ) ) Respondent. )

ORDER DIRECTING CLERK TO MODIFY DOCKET, SERVE PETITION, AND MAIL FORM AND DIRECTING RESPONDENT TO RESPOND TO THE PETITION

On April 3, 2024, Petitioner Michael David Blakeley, filed a pro se petition under

28 U.S.C. § 2241

for a writ of habeas corpus.1 (ECF No. 1.) Petitioner paid the habeas filing fee. (ECF No. 2.) The proper respondent here is Petitioner’s custodian at the Northeast Correctional Complex—Warden Brian Eller. See Rumsfeld v. Padilla,

542 U.S. 426

, 434–35 (2004); see also Northeast Correctional Complex, https://www.tn.gov/content/tn/correction/state-prisons/state- prison-list/northeast-correctional-complex.html (last accessed Aug. 13, 2025). Thus, the Clerk is DIRECTED to record the respondent as Warden Brian Eller and terminate all references to Shelby County Correctional Center as the respondent.

1 Petitioner is incarcerated at the Northeast Correctional Complex in Mountain City, Tennessee. See Tennessee Department of Correction, Felony Offender Information, https://www.tn.gov/correction/agency-services/foil.html (last accessed Aug. 11, 2025). His Tennessee Department of Correction prisoner number is 527376. The Clerk is ORDERED to serve a copy of the petition (ECF No. 1) and this Order on the Respondent and the Tennessee Attorney General and Reporter by certified mail. See Rule 4, Rules Governing Section 2254 Cases in the United States District Courts.2 It is also ORDERED that the Clerk mail the parties the form for Notice, Consent, and

Reference of a Civil Action to a Magistrate Judge (AO 85). Respondent is ORDERED to file a response to the § 2241 Petition by September 10, 2025. Petitioner may, if he chooses, submit a reply to Respondent’s answer or response within twenty-eight (28) days of service. Petitioner may request an extension of time to reply if his motion is filed on or before the due date of his reply. The Court will address the merits of the § 2241 Petition, or of any motion filed by Respondent, after the expiration of Petitioner’s time to reply. IT IS SO ORDERED this 13th day of August, 2025.

s/ Sheryl H. Lipman SHERYL H. LIPMAN CHIEF UNITED STATES DISTRICT JUDGE

2 The Habeas Rules apply to habeas petitions under

28 U.S.C. § 2241

as well. See Habeas Rule 1(b) (“The district court may apply any or all of these rules to a habeas petition not covered by Rule 1(a).”).

Reference

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