Nickell v. FCI Dublin Bureau of Prisons

Background

Stella Maudine Nickell, a federal prisoner incarcerated at the Federal Correctional Institution in Dublin, California, filed a pro se petition under 28 U.S.C. § 2241. A pro se party represents herself without a lawyer. Nickell paid the filing fee. The opinion states that Nancy T. McKinney, the current interim warden of the prison where Nickell is incarcerated, was substituted as the respondent under Federal Rule of Civil Procedure 25(d).

Court’s initial review

The court stated that the petition did not appear meritless on its face. It therefore issued an order requiring a response; it did not decide whether Nickell is entitled to the requested writ of habeas corpus, which is a court order addressing allegedly unlawful custody or detention.

Orders and deadlines

The clerk was directed to serve the order electronically on McKinney and the United States Attorney’s Office for the Northern District of California, and to mail a copy to Nickell.

McKinney must file and serve an answer within 60 days after the order was filed. The answer must show cause—meaning explain why the requested writ should not be granted based on Nickell’s cognizable claims—and include relevant exhibits. If Nickell responds, she must file and serve a traverse within 28 days after receiving the answer. If she does not, the petition will be treated as submitted for decision 28 days after service of the answer.

Instead of an answer, McKinney may file a motion to dismiss on procedural grounds within 60 days. If that occurs, Nickell has 28 days to file an opposition or statement that she does not oppose the motion, and McKinney has 14 days after receiving any opposition to file a reply.

Additional instructions and disposition

The court stated that Nickell is responsible for prosecuting the case, must timely follow court orders, and must promptly notify the court and McKinney of any address change. She must also mail McKinney’s counsel a true copy of every communication she files with the court. The court may dismiss a pro se action without prejudice if mail to Nickell is returned as undeliverable and the court does not receive a written address update within 60 days after the return.

Judge Yvonne Rogers stated that requests for reasonable extensions of time will be granted upon a showing of good cause if filed on or before the deadline to be extended. The order was dated March 26, 2024. It issued an order to show cause and set the case’s next procedural steps; it did not grant or deny the petition.