TIMMS v. JOHNS

No. 5:08-HC-2160-BO.

700 F.Supp.2d 764 (2010)

Gerald Wayne TIMMS, Petitioner, v. Tracy JOHNS, Warden, FCI Butner, Respondent.

United States District Court, E.D. North Carolina, Western Division.

March 31, 2010.


Attorney(s) appearing for the Case

Kearns Davis, Brooks Pierce McLendon Humphrey & Leonard, L.L.P., Greens-boro, NC, Andrew Tripp, Brooks Pierce McLendon Humphrey & Leonard, LLP, Raleigh, NC, for Petitioner.

Edward D. Gray, R.A. Renfer, Jr., U.S. Attorney's Office, Raleigh, NC, Michael D. Bredenberg, Butner, NC, for Respondent.


ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on Petitioner Gerald Wayne Timms' Petition for Writ of Habeas Corpus and the Government's Motion to Dismiss the Petition. Petitioner claims that he is unlawfully detained pursuant to 18 U.S.C. § 4248, the civil commitment component of the Adam Walsh Child Protection and Safety Act of 2006, Pub.L. 109-248, 120 Stat. 587 (2006). For the reasons set forth herein, the Petition...

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