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govinfo:USCOURTS-njd-3_23-cv-21817-1

U.S. District Court for the District of New Jersey · 2023-11-17

· GavelSight synced 2026-09-06 03:42:48

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
______________________________ 
IMAD DAWARA,   : 
     :  
  Petitioner,  : Civ. No. 23-21817 (RBK) 
     : 
 v.    :   
     :  
WARDEN,    : MEMORANDUM & ORDER   
     : 
  Respondent.  : 
______________________________: 
 
 Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix, in Fort Dix, New 
Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 
2241. Previously, this matter was administratively terminated as Petitioner had not paid the filing 
fee nor had he applied to proceed in forma pauperis. (See ECF 2). Petitioner has now paid the 
applicable $5.00 filing fee such that the Clerk will be ordered to reopen this case.   
In accordance with Rule 4 of the Rules Governing Section 2254 Cases, applicable to § 
2241 cases through Rule 1(b) of the Rules Governing Section 2254 Cases, this Court has 
screened the petition for dismissal and determined that dismissal without an answer and the 
record is not warranted.  
 Accordingly, IT IS on this 17
th day of November, 2023, 
 ORDERED that the Clerk shall reopen this case; and it is further   
ORDERED that the Clerk shall serve a copy of the habeas petition and corresponding 
documents (ECF 1, 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, 1-9, 1-10, 1-12 & ECF 2) and this 
memorandum and order on Respondent by regular U.S. mail, with all costs of service advanced 
by the United States; and it is further 
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 ORDERED that the Clerk shall forward a copy of the petition and corresponding 
documents (ECF 1, 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, 1-9, 1-10, 1-12 and ECF 2)  and this 
memorandum and order to the Chief, Civil Division, United States Attorney’s Office, at the 
following email address:  USANJ-HabeasCases@usdoj.gov; and it is further 
 ORDERED that within forty-five (45) days of the date of the entry of this memorandum 
and order, Respondent shall file and serve a response which responds to the allegations and 
grounds in the habeas petition and which includes all affirmative defenses Respondent seeks to 
invoke; and it is further 
 ORDERED that Respondent shall file and serve with the response certified copies of all 
documents necessary to resolve Petitioner’s claims and affirmative defenses; and it is further  
 ORDERED that within forty-five (45) days of receipt of the response, Petitioner may file 
a reply to the answer; and it is further 
 ORDERED that within seven (7) days of Petitioner’s release, be it parole or otherwise, 
Respondent shall electronically file a written notice of the same with the Clerk; and it is further  
 ORDERED that the Clerk shall serve this memorandum and order on Petitioner by 
regular U.S. mail. 
 
        s/ Robert B. Kugler 
        ROBERT B. KUGLER 
        United States District Judge 
 
  
 
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