IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JONATHAN LEE SUTTON,
Petitioner,
v. Case No. 25-CV-01603-SPM
WARDEN, FCI GREENVILLE,
Respondent.
MEMORANDUM AND ORDER
McGLYNN, District Judge:
Petitioner Jonathan Lee Sutton, an inmate currently incarcerated at
Greenville F.C.I. in Greenville, Illinois, brings the instant Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). He challenges the BOP’s calculation
of his time credits under the First Step Act. (Id., p. 1).
The case is now before the Court for a preliminary review of the Petition
pursuant to Rule 4 of the Rules Governing Section 2254 cases in the United States
District Courts. Rule 4 provides that upon preliminary consideration by the district
judge, “[i]f it plainly appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district court, the judge must dismiss the
petition and direct the clerk to notify the petitioner.” Rule 1(b) gives this Court the
authority to apply these Rules to other habeas corpus cases.
The calculation, including the execution of a federal prisoner’s sentence, can
be challenged in a Section 2241 petition. See Waletzki v. Keohane, 13 F.3d 1079,
1080 (7th Cir. 1994). As Sutton is challenging the execution of his sentence, it is not
plainly apparent that he is not entitled to habeas relief. Without commenting on
the merits of Sutton’s claims, the Court concludes that the Petition survives
preliminary review under Rule 4 and Rule 1(b), and a response shall be ordered.
IT IS HEREBY ORDERED that Respondent shall answer or otherwise
plead on or before October 8, 2025. This preliminary order to respond does not
preclude the Government from raising any objection or defense it may wish to
present. Service upon the United States Attorney for the Southern District of
Illinois, 750 Missouri Avenue, East St. Louis, Illinois, shall constitute sufficient
service.
Sutton is ADVISED of his continuing obligation to keep the Clerk of Court
(and opposing parties) informed of any change in his whereabouts during the
pendency of this action. This notification shall be done in writing and not later than
seven (7) days after a transfer or other change in address occurs. Failure to provide
notice may result in dismissal of this action. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: September 8, 2025
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
U.S. District Judge
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