Kaddy v. State of New Hampshire Hospital
| Anthony J. Kaddy |
| State of New Hampshire Hospital |
| 3:2023cv00759 |
| June 8, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Sarala V Nagala |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Acknowledgment of Receipt re: Case Transferred Out - Case transferred from Connecticut has been opened in District of New Hampshire as case 1:23-cv-00361, filed 07/21/2023. (Oliver, T.) |
| Case electronically transferred to the District of New Hampshire. (Oliver, T.) |
Filing 7
ORDER OF TRANSFER. Petitioner filed this action for writ of habeas corpus pursuant to 28 U.S.C. 2241 on June 8, 2023. ECF No. 1-2. In the petition, Petitioner alleges that he is being wrongfully committed to the New Hampshire State Hospital illegally and against his wishes. The U.S. Supreme Court "has made clear that '[w]henever a [28 U.S.C.] 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement,'" under what is known as the immediate custodian rule. Skaftouros v. United States, 667 F.3d 144, 146 n.1 (2d Cir. 2011) (alterations in original) (quoting Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004)). The question of the proper location for a habeas petition under the immediate custodian rule is "best understood as a question of personal jurisdiction or venue," as opposed to a limitation on the subject matter jurisdiction of a court. Padilla, 542 U.S. at 451 (Kennedy, J., concurring); see Cruz v. Decker, No. 18-CV-9948 (GBD) (OTW), 2019 WL 4038555, at *4 (S.D.N.Y. Aug. 27, 2019), aff'd, No. 18-CIV-9948 (GBD) (OTW), 2019 WL 6318627 (S.D.N.Y. Nov. 26, 2019) (noting that courts have found that Padilla's 'immediate custodian rule is a venue rule'). Here, it is clear that Petitioner has brought this action in the incorrect venue. There are no allegations that he is being held in, or has any connection to, the District of Connecticut. As Petitioner is being held in a hospital located in Concord, New Hampshire, the correct venue for this petition is the District of New Hampshire under the immediate custodian rule. Pursuant to 28 U.S.C. 1406(a), where a case has been brought in the incorrect venue, this Court may transfer it to the correct venue if such transfer is in the interest of justice. As Petitioner is proceeding pro se, the interests of justice support transfer, rather than dismissal, of this action. The Court does note, however, that this is the second time Petitioner has sought habeas relief in the District of Connecticut. See Kaddy v. State of New Hampshire Hospital, Case No. 23-cv-618 (VAB). In that action, Petitioner was also informed that he had brought his action in the incorrect venue, and the Court transferred the action to New Hampshire. Nonetheless, he again filed the instant action in the District of Connecticut. As Petitioner will have been instructed twice that the District of Connecticut is not the correct court in which to litigate his habeas petition, the Court notes that, should Petitioner file a future petition in the District of Connecticut that is assigned to the undersigned and alleges no connection to Connecticut, the Court is unlikely to transfer, rather than dismiss, it. The Clerk of Court is directed to transfer the instant action to the District of New Hampshire. That district is in the best position to assess Petitioner's motions to proceed in forma pauperis and to appoint counsel. Signed by Judge Sarala V. Nagala on 7/10/23.(Marks, Joshua)
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| Filing 6 MOTION to Appoint Counsel, by Anthony J. Kaddy. (Attachments: #1 Envelope) (Mendez, D) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Anthony J. Kaddy. (Attachments: #1 envelope)(Pesta, J.) |
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 6/8/2023. (Mendez, D)
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Filing 3
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 6/8/2023. (Mendez, D)
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| Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Freberg, B) |
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Filing 2
ORDER: We received your Petition for Writ of Habeas Corpus which has been assigned case number 23cv759. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 7/8/2023 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 7/8/2023 Signed by Clerk on 6/8/2023.(Sichanh, Christina)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Anthony J Kaddy. (Attachments: #1 Envelope)(Sichanh, Christina) (Additional attachment(s) added on 6/15/2023: #2 Replacement PDF-Petition) (Sichanh, Christina). |
| ***Set/Clear Flags (Sichanh, Christina) |
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| Petitioner: Anthony J. Kaddy | |
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| Respondent: State of New Hampshire Hospital | |
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