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- ilcd;;4:16-cv-04147_de13 RegisterActionDate "2016-12-07" @default.
- ilcd;;4:16-cv-04147_de13 RegisterActionDescriptionText "TEXT ORDER entered by Judge Sara Darrow on December 7, 2016. Petitioner seeks leave to amend his 1 petition for writ of habeas corpus, pursuant to Fed. R. Civ. P. 15(a). Ordinarily a party does not need leave to amend his pleading within 21 days of service. Fed. R. Civ. P. 15(a)(1)(A). In this case, however, Petitioner seeks leave to amend in order to add as defendants parties named in his 1 petition. The only and proper respondent to an application for the writ of habeas corpus is the "person who has custody over [the petitioner]." 28 U.S.C. § 2242; see also Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004). The Warden of Rushville Detention Center is already named as Respondent. Accordingly, Petitioner's motion is DENIED as unnecessary. He also seeks to propound some interrogatories. While the rules governing habeas proceedings do permit discovery, Rule 6, discovery is permitted only with leave of the Court. Since Respondent has not yet responded, it would be premature to order discovery at this time. Rather, Rule 4 for § 2254 proceedings provides that upon concluding a merit review of an application, the district judge shall order the respondent to respond. Because Petitioner's 1 petition could have merit, Respondent is directed to respond within 60 days after service of this Order why the writ should not be granted. After the response is filed, Petitioner is ordered to file any traverse or reply within 30 days of service of that response on him. The Court admonishes Petitioner that a failure to reply to the response pursuant to 28 U.S.C. § 2248 will cause the Court to take the allegations in the response as true except to the extent that the judge finds from the evidence that they are not true. (SC, ilcd) (Entered: 12/07/2016)" @default.
- ilcd;;4:16-cv-04147_de13 AdministrativeID "None" @default.
- ilcd;;4:16-cv-04147_de13 hasJudgeReference SJ001510 @default.
- ilcd;;4:16-cv-04147_de13 hasReferenceToOtherEntry ilcd;;4:16-cv-04147_de0 @default.