Washington v. Warden
| Warden |
| Charles Washington |
| USA |
| 3:2020cv00729 |
| May 26, 2020 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Jeffrey A Meyer |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 CJA 20: Appointment of Attorney Robert Gerard Golger for Charles Washington Signed by Judge Jeffrey A. Meyer on 6/29/2020.(Gutierrez, Y.) |
Filing 22
ORDER RE APPOINTMENT OF COUNSEL. In light of the COVID-19 pandemic, petitioner Charles Washington has moved for a sentence reduction and for habeas corpus relief. Although the Court has denied such relief, the Court would be prepared to reconsider its position if there are good reasons to do so that have yet to be shown. It appears that Washington has significant health issues that warrant attention by the BOP, and the Court believes that Washington should have the benefit of counsel to advise him of any possibilities for seeking relief whether by means of a motion before his sentencing court, a request for relief to the prison warden, or a renewed motion or petition before this Court. In accordance with the Court's General Order Appointing Counsel to Represent Inmates Seeking Compassionate Release, the Clerk of Court shall contact the Federal Public Defender to determine whether the Federal Public Defender is able to represent the defendant or whether it is necessary for counsel to be appointed under the Criminal Justice Act. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/26/2020.(Freberg, B)
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Filing 21
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. The Court DENIES the motion as moot in light of the denial of the petition for writ of habeas corpus. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/26/2020. (Freberg, B)
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Filing 20
ORDER RE MOTION FOR RECONSIDERATION. Petitioner's motion for reconsideration is DENIED for failure of plaintiff to adduce any facts or argument that could not have been previously asserted, to show any controlling facts or law that the Court has overlooked, or otherwise to show any clear error or manifest injustice that will result from adherence to the Court's prior decision. See Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995); Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992). It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/26/2020. (Freberg, B)
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| Filing 19 MOTION for Leave to Proceed in forma pauperis by Charles Washington. (Freberg, B) |
| Filing 18 MOTION for Reconsideration re 17 Order by Charles Washington. (Freberg, B) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Freberg, B) |
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Filing 17
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS (Doc. #4 ). Petitioner Charles Washington is a federal prisoner at FCI-Danbury, and he has filed a one page letter seeking relief and that the Clerk of Court has docketed as a petition for writ of habeas corpus. Doc. #4 . On May 29, 2020, I entered an order to show cause for the Government to file a response (Doc. #5 ). The Government filed a response on June 8, 2020 (Doc. #7 ), and Washington has not filed a reply to the response despite the Court's order allowing him to do so (Doc. #13). The Court now DENIES the petition for writ of habeas corpus for substantially the reasons stated in the Government's response. First, to the extent that the petition may be construed to seek a sentence reduction under 18 U.S.C. 3582(c)(1)(A), Washington must exhaust his remedies and then seek such relief in the federal District of Massachusetts where he was sentenced. Second, to the extent that the petition may be construed as a request under the CARES Act for release to home confinement, this request must be made to the prison warden and not to the Court. Third, to the extent that the petition may be construed to seek habeas corpus relief under 28 U.S.C. 2241, Washington has not shown that he has made any effort to exhaust administrative remedies or why the exhaustion requirement should be excused. Nor has he alleged facts to plausibly suggest that prison officials have been deliberately indifferent to his medical needs in violation of the Eighth Amendment or that the remedy for such deliberate indifference should be release from imprisonment. The Clerk of Court shall close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 06/24/2020. (Mahler-Haug, A)
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Filing 16
ENTERED IN ERROR - ORDER TO SHOW CAUSE why the relief requested in Doc. #1 should not be granted. Show Cause Response due by 6/22/2020. Signed by Judge Jeffrey A. Meyer on 6/15/2020.(Freberg, B) Modified on 6/15/2020 (Freberg, B).
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Filing 15
ORDER granting #14 Motion to Seal on ground of compelling reasons for sealing of medical records for which sealing is narrowly tailored to serve. Signed by Judge Jeffrey A. Meyer on 6/15/2020. (Freberg, B)
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| Docket Entry Correction re 16 Order to Show Cause - Entered on wrong case. (Freberg, B) |
| Filing 14 First MOTION to Seal Attachments A-E medical records by USA. (Attachments: #1 Text of Proposed Order)(McGarry, Michael) |
| Set Deadlines: Show Cause Response due by 6/22/2020. (Gutierrez, Y.) |
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Filing 13
ORDER RE REPLY TO RESPONSE TO ORDER TO SHOW CAUSE. Petitioner Charles Washington may file any reply to the Wardens response to the order to show cause by June 22, 2020. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/9/2020.(Freberg, B)
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| Filing 12 Sealed Document: Attachment E (Medical Test) by USA re #7 Response to Order to Show Cause, . (McGarry, Michael) |
| Filing 11 Sealed Document: Attachment D (Medical Records) by USA re #7 Response to Order to Show Cause, . (McGarry, Michael) |
| Filing 10 Sealed Document: Attachment C (Medical Records) by USA re #7 Response to Order to Show Cause, . (McGarry, Michael) |
| Filing 9 Sealed Document: Attachment B (Medical Records) by USA re #7 Response to Order to Show Cause, . (McGarry, Michael) |
| Filing 8 Sealed Document: Attachment A by USA re #7 Response to Order to Show Cause, . (McGarry, Michael) |
| Filing 7 RESPONSE TO #5 Order, #4 Petition for Writ of Habeas Corpus by USA filed by USA. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D, #5 Exhibit Attachment E)(McGarry, Michael) |
| Filing 6 NOTICE of Appearance by Michael S. McGarry on behalf of USA (McGarry, Michael) |
| Set Deadlines: Show Cause Response due by 6/8/2020. (Gutierrez, Y.) |
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Filing 5
ORDER TO SHOW CAUSE. As stated in the attached order, respondents are ordered to file a response by June 8, 2020, showing why the relief prayed for in the petition for writ of habeas corpus (Doc. #4 ) should not be granted. It is so ordered. Signed by Judge Jeffrey A. Meyer on 05/29/2020. (Mahler-Haug, A)
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| Filing 4 PETITION for Writ of Habeas Corpus, filed by Charles Washington.(Nuzzi, Tiffany) |
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 05/26/2020.(Nuzzi, Tiffany)
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Filing 2
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 05/26/2020.(Nuzzi, Tiffany)
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| Filing 1 ENTERED IN ERROR Motion for Compassionate Release, filed by Charles Washington.(Nuzzi, Tiffany) Modified on 5/29/2020 (Nuzzi, Tiffany). . |
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