Andreozzi v. United States Army

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 ARMAND ANDREOZZI, CASE NO. 2:23-cv-01106-JNW-GJL 11 Petitioner, v. ORDER FOR SERVICE AND 12 RETURN, § 2241 PETITION UNITED STATES ARMY, Respondent.

15 Petitioner Armand Andreozzi has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Dkt. 1. Petitioner has paid the filing fee. See id. This Court, having reviewed the Petition, hereby ORDERS as follows: 18 (1) “The federal habeas statute straightforwardly provides that the proper respondent to a habeas petition is ‘the person who has custody over [the petitioner].’” Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004)(quoting 28 U.S.C. § 2242); see also 28 U.S.C. § 2243. Thus, when a petitioner is in physical confinement, “the proper respondent is the warden [or custodian] of the facility where the prisoner is being held....” Padilla, 542 U.S. at 435, (emphasis added).

23 Petitioner is currently housed at the Pioneer Fellowship House, in connection with the Seattle Residential Reentry Management (“RRM”) field office. See Dkt. 1. As such, the Acting Director of the Pioneer Fellowship House, Trinetta Thompkins, is now the proper Respondent in this matter. The Clerk is directed to substitute the correct Respondent—Trinetta Thompkins, Acting Director, Pioneer Fellowship House—in this matter.

5 (2) The Clerk shall arrange for service upon Trinetta Thompkins, Acting Director of the Pioneer Fellowship House, and upon the civil process clerk at the Office of the United States Attorney for the Western District of Washington copies of the Petition (Dkt. 1), of all documents in support thereof (Dkt. 4), and of this Order by registered or certified mail, return receipt requested.

10 (3) Within thirty (30) days after such service, Respondent(s) shall show cause why a writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C. § 2243.

12 As a part of such return, Respondent(s) shall submit a memorandum of authorities in support of their position, and should state whether an evidentiary hearing is necessary. Respondent(s) shall file the return with the Clerk of the Court and shall serve a copy upon Petitioner.

15 (4) The return will be treated in accordance with LCR 7. Accordingly, on the face of the return, Respondent(s) shall note it for consideration on the fourth Friday after it is filed, and the Clerk shall note the return accordingly. Petitioner may file and serve a response not later than the Monday immediately preceding the Friday appointed for consideration of the matter, and Respondent(s) may file and serve a reply brief not later than the Friday designated for consideration of the matter.

21 /// /// /// 1 (5) The Clerk shall send copies of this Order to Petitioner and to the Honorable Jamal N. Whitehead.

3 Dated this 22nd day of September, 2023.

A 6 Grady J. Leupold United States Magistrate Judge