Wiggins v. Stover et al
| LaMar Wiggins |
| Rick Stover, John Doe and Colette S. Peters |
| 3:2023cv00842 |
| June 27, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Robert A Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 21 ACKNOWLEDGMENT OF SERVICE Executed as to #11 Electronic Summons Issued, as to Colette Peters Acknowledgment filed by LaMar Wiggins. (Dooley, Tadhg) |
| Filing 20 ACKNOWLEDGMENT OF SERVICE Executed as to #11 Electronic Summons Issued, as to Rick Stover Acknowledgment filed by LaMar Wiggins. (Dooley, Tadhg) |
Filing 19
ORDER granting Petitioner's Request for Enlargement (ECF No. 1 at 25-26). A federal court may grant enlargement or bail as a provisional remedy in habeas cases, pending adjudication of a petitioner's claims. See Mapp v. Reno, 241 F.3d 221, 226 (2d Cir. 2001). Enlargement is appropriate "only in unusual cases, or when extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective." Id. Petitioner must demonstrate that the habeas petition raises substantial claims and that extraordinary circumstances exist. Id. As indicated during the oral arguments on the Petition and Petitioner's request for enlargement, the Court is satisfied that Petitioner has met this burden. Petitioner has demonstrated that the petition, filed on June 27, 2023, raises substantial claims. As the Court noted at oral argument, there are two substantial claims presented: (1) whether Petitioner, who had been released to home confinement pursuant to the Bureau of Prisons' ("BOP's") expanded authority under the Coronavirus Aid, Relief, and Economic Security ("CARES") Act, Pub. L. No. 116-136, 12003(b)(2), 134 Stat. 281, 516 (2020), was entitled to Due Process prior to the revocation of his release, and (2) whether the BOP has the discretion pursuant to 18 U.S.C. 3264(g)(5) to decline to apply earned First Step Act ("FSA") credits to a prisoner previously released under the CARES Act when such release has been revoked for non-compliance. Petitioner's arguments as to each issue "present merits that are more than slightly in petitioner's favor." See D'Alessandro v. Mukasey, No. 08-cv-914 (RJA) (VEB), 2009 WL 799957, at *3 (W.D.N.Y. Mar. 25, 2009). Indeed, because two Courts in this district have concluded, albeit for somewhat different reasons, that home confinement under the CARES Act creates a liberty interest thus implicating Due Process, it is clear that the Petition raises substantial claims. The Court similarly concludes that whether the discretionary authority referenced in 18 U.S.C. 3264(g)(5) applies to inmates who had been released under the CARES Act prior to revocation raises a substantial claim that is "more than slightly in petitioner's favor." Moreover, extraordinary circumstances exist warranting enlargement. As the Respondent acknowledges, see ECF No. 10 at 10, Petitioner's "remaining FSA time credits exceed the remainder" of his sentence. Immediate enlargement is therefore necessary "to make the habeas remedy effective." Mapp, 241 F.3d at 226. Absent bail, any possible relief should Petitioner prevail on the FSA credits issue will be lost. For these reasons, the Court grants Petitioner's request for enlargement. The BOP is directed to place Petitioner on home confinement subject to all conditions of home confinement that were in place prior to his revocation, pending adjudication of the Petition on its merits. Signed by Judge Kari A. Dooley on 7/27/2023. (Chambers, Jillian)
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| Filing 18 Minute Entry for proceedings held before Judge Kari A. Dooley: Hearing on #1 Petition for Writ of Habeas Corpus held on 7/27/2023. Total Time: 1 hours and 17 minutes(Court Reporter Tracy Gow.) (Gould, K.) |
| Filing 17 RESPONSE re #10 Response to Order to Show Cause (Petitioner-Plaintiff's Reply to Response to Order to Show Cause) filed by LaMar Wiggins. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10)(Dooley, Tadhg) |
| Filing 16 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. *RESET FROM 7/24/2023* Oral argument on Petitioner's #1 Complaint & Petition for Writ of Habeas Corpus set for July 27, 2023 at 12:00 PM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Chambers, Jillian) |
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Filing 15
ORDER granting #14 Consent Motion Reschedule Oral Argument. The oral argument on Petitioner's #1 Complaint & Petition for Writ of Habeas Corpus is rescheduled to July 27, 2023 at 12:00PM. A calendar entry with details for the oral argument shall be separately docketed. Signed by Judge Kari A. Dooley on 7/12/2023. (Chambers, Jillian)
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| Filing 14 Consent MOTION to Reschedule Oral Argument on Petitioner's Complaint and Petition for Writ of Habeas Corpus re #2 MOTION for Order to Show Cause Pursuant to 28 U.S.C. 2243, #1 Complaint,, by LaMar Wiggins.Responses due by 8/1/2023 (Dooley, Tadhg) |
| Filing 13 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral argument on Petitioner's #1 Complaint & Petition for Writ of Habeas Corpus set for July 24, 2023 at 11:00 AM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Chambers, Jillian) |
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Filing 12
ORDER. Oral Argument on Petitioner's #1 Complaint & Petition for Writ of Habeas Corpus is scheduled for July 24, 2023 at 11:00AM. A calendar entry with details for the oral argument shall be separately docketed. Signed by Judge Kari A. Dooley on 7/11/2023. (Chambers, Jillian)
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| Filing 11 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Colette S. Peters, Rick Stover* with answer to complaint due within *60* days. Attorney *Tadhg Dooley* *Wiggin & Dana-NH* *One Century Tower, 265 Church Street, P.O. Box 1832* *New Haven, CT 06508-1832*. (Fanelle, N.) |
| Request for Clerk to issue summons as to John Doe, Colette S. Peters, Rick Stover. (Dooley, Tadhg) |
| Filing 10 RESPONSE TO #4 Order to Show Cause by John Doe, Colette S. Peters, Rick Stover filed by John Doe, Colette S. Peters, Rick Stover. (Attachments: #1 Exhibit Administrative Remedies Report)(Larson, John) |
| Filing 9 NOTICE of Appearance by John W. Larson on behalf of John Doe, Colette S. Peters, Rick Stover (Larson, John) |
| Filing 8 NOTICE of Appearance by Tadhg Dooley on behalf of LaMar Wiggins (Dooley, Tadhg) |
| Filing 7 NOTICE of Appearance by Grace Ronayne on behalf of LaMar Wiggins (Ronayne, Grace) |
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Filing 4
ORDER TO SHOW CAUSE re: #1 Petition for Writ of Habeas Corpus. Show Cause Response due by 7/6/2023. Signed by Judge Kari A. Dooley on 6/28/2023. (Chambers, Jillian)
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Filing 3
ORDER granting #2 Motion for Order to Show Cause. Show Cause Order to issue. Signed by Judge Kari A. Dooley on 6/28/2023. (Chambers, Jillian)
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| Set Deadlines: Show Cause Response due by 7/6/2023. (Chambers, Jillian) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 6/27/2023.(Imbriani, Susan)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 6/27/2023.(Imbriani, Susan)
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| Filing 2 MOTION for Order to Show Cause Pursuant to 28 U.S.C. 2243 by LaMar Wiggins. (Russell, Sarah) |
| Filing 1 COMPLAINT & Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Request for Order of Immediate Enlargement as Provisional Remedy against John Doe, Colette S. Peters, Rick Stover ( Filing fee $402 receipt number ACTDC-7395733.), filed by LaMar Wiggins. (Attachments: #1 Memorandum in Support of Request for Order of Immediate Enlargement as a Provisional Remedy, #2 Exhibit 1 -- Declaration of LaMar Wiggins, #3 Exhibit 2 -- FSA Assessment, #4 Exhibit 3 -- Declaration of Destiny Murray, #5 Exhibit 4 -- Testimony of BOP Director, #6 Exhibit 5 -- Memo of BOP General Counsel, #7 Exhibit 6 -- BOP Program Statement, #8 Exhibit 7 -- Home Confinement Agreement)(Russell, Sarah) |
| Judge Kari A. Dooley and Judge Robert A. Richardson added. (Oliver, T.) |
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