Baron v. Easter et al
| Leslie Baron |
| Michael Carvajal and Diane Easter |
| 3:2020cv00990 |
| July 16, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 5
ORDER. The Court has reviewed the #1 petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. For the reasons that follow, I deny the motion without prejudice.As an initial matter, the Second Circuit has held that an inmate must exhaust administrative remedies prior to filing a habeas petition under 28 U.S.C. 2241. United States v. Credidio, 2020 WL 1644010, at *2 (S.D.N.Y. Apr. 2, 2020) (citing Carmona v. U.S. Bureau of Prisons, 243 F.3d 629, 634 (2d Cir. 2001)). "The failure to exhaust constitutes a procedural default that bars judicial review unless the petitioner makes a showing of cause and prejudice." Credidio, 2020 WL 1644010, at *2 (citation omitted). "Such a failure may be excused for cause when such exhaustion would be futile or where the agency has predetermined the issue before it. Id. (internal quotation marks and citation omitted). Here, the Petitioner has given no indication as to whether she has exhausted her administrative remedies--that is, whether she directed her request for relief to the Bureau of Prison prior to filing this petition for judicial relief. Nor has the Petitioner made a showing that such exhaustion would be futile, which would excuse her failure to exhaust.In addition to this procedural deficiency, the Petitioner has also failed to provide any factual information specific to her case that might support the merits of her petition. Petitioner has not provided, for example, her age, nor any indication that she suffers from a medical condition that places her at high risk for serious illness from COVID-19. Nor has the Petitioner provided any information regarding the current conditions of confinement at the Danbury Federal Prison Camp or any measures currently being taken by prison officials to mitigate the spread of COVID-19 in the Camp. In short, the Petitioner has provided no basis for this Court to evaluate the threat of serious illness she faces, and thus no basis from which to determine whether the Warden is acting unlawfully by not placing her on home confinement or providing other relief. Ms. Baron's petition is therefore DENIED without prejudice. Within 30 days, Ms. Baron may file an amended petition setting forth (1) what efforts she has undertaken to request that the Bureau of Prisons move her to home confinement or to provide other relief, (2) if she has failed to undertake any such efforts, why the Court should find that such efforts would be futile or that the Bureau of Prisons has predetermined the issue, thus justifying the excusal of her failure to exhaust, and (3) facts showing that she faces a heightened risk of serious illness from COVID-19. Signed by Judge Michael P. Shea on 7/20/2020. (Super, John)
|
|
Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/16/2020.(Fazekas, J.)
|
|
Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 07/16/2020.(Fazekas, J.)
|
| Filing 2 NOTICE OF INSUFFICIENCY RE: HABEAS CORPUS FILING FEE - payment or Motion to Proceed in forma pauperis required. Signed by Clerk on 07/16/2020.(Fazekas, J.) Modified on 7/23/2020 (Blough, B.). (Fazekas, J.). |
| Filing 1 PETITION for Writ of Habeas Corpus (Compassionate Release), filed by Leslie Baron. (Attachments: #1 Envelope)(Fazekas, J.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
