Mohammed v. Stover
| Aleah Mohammed |
| Rick Stover |
| 3:2023cv01574 |
| November 30, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| 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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| Create case association to 3:23-cv-757-SVN. (Shafer, J.) |
| Filing fee received from Aleah Mohammed: $ 5.00, receipt number CTXB00014059 (Corriette, M.) |
Filing 5
ORDER CONSOLIDATING CASES. For the reasons described below, the Court sua sponte consolidates for all purposes Petitioner's two lawsuits that are currently pending before this Court: (1) Mohammed v. Stover, No. 3:23-CV-757 (SVN) and (2) Mohammed v. Stover, No. 3:23-CV-1574 (SVN). Under Rule 42(a)(2) of the Federal Rules of Civil Procedure, a federal court may consolidate actions involving "a common question of law or fact." A court may do so sua sponte. Endress v. Gentiva Health Servs., Inc., 278 F.R.D. 78, 81 (E.D.N.Y. 2011) (citing Devlin v. Transp. Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999)). "District courts enjoy substantial discretion in deciding whether and to what extent to consolidate cases." Hall v. Hall, 584 U.S. ---, 138 S. Ct. 1118, 1131 (2018). The rule for consolidating cases "should be prudently employed as a valuable and important tool of judicial administration invoked to expedite trial and eliminate unnecessary repetition and confusion." Devlin, 175 F.3d at 130 (cleaned up). "In assessing whether consolidation is appropriate in given circumstances, a district court should consider both equity and judicial economy." Id. "In the exercise of discretion, courts have taken the view that considerations of judicial economy favor consolidation.'" Johnson v. Celotex Corp., 899 F.2d 1281, 1285 (2d Cir. 1990)). Because, as described below, Petitioner's suits are duplicative in law and fact, the Court sua sponte consolidates the two. In Mohammed v. Stover, No. 3:23-CV-757 (SVN), Petitioner filed a petition for a writ of habeas corpus challenging the Bureau of Prison's ("BOP") calculation of her time credits. ECF No. 1. The Court ultimately denied the petition. Id., ECF No. 16. Petitioner has filed a motion for reconsideration of the Court's decision, arguing that the BOP miscalculated her time credits by failing to consider Petitioner's eligibility date as starting on the date of her sentencing, April 13, 2022, and by not allowing her to accrue credits while she was awaiting designation to her initial BOP facility, after her sentencing. Id., ECF No. 16 at 1. In this first-filed and parallel action, the Court has ordered Respondent to respond to Petitioner's motion for reconsideration. Id., ECF No. 17. Now, in this action, Mohammed v. Stover, No. 3:23-CV-1574 (SVN), Petitioner has filed a petition for a writ of habeas corpus challenging the BOP's calculation of her time credits. Petitioner raises two points: (1) that the BOP miscalculated her time credits by failing to include in its calculations Petitioner's time spent in transit as she transferred from FMC Carswell to FCI Danbury; and (2) that the BOP miscalculated her time credits by failing to consider Petitioner's eligibility date as starting on the date of her sentencing, April 13, 2022, and by not allowing her to accrue credits while she was awaiting designation to her initial BOP facility, after her sentencing. ECF No. 1 at 6-7. The first of these arguments relating to transit time between FMC Carswell and FCI Danbury was rejected in the Court's ruling in Case No. 3:23-CV-757 (SVN) and is not directly the subject of the motion for reconsideration, though the motion generally seeks credit for all time in custody after her sentencing date. See Case No. 3:23-CV-757 (SVN), ECF Nos. 12 (ruling) and 16 (motion for reconsideration). The second argument concerning credit after the sentencing date is identical to the argument the Court is considering in relation to Petitioner's motion for reconsideration in her earlier-filed action. For the reasons described above, the Clerk of Court is directed consolidate the two actions set forth above. Signed by Judge Sarala V. Nagala on 12/5/2023. (Parfenoff, Ivan)
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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 11-30-2023. (Shafer, J.)
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Filing 3
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 11-30-2023. (Shafer, J.)
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Filing 2
ORDER: We received your Petition for Writ of Habeas Corpus which has been assigned case number 23cv1574. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 12/30/2023 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 12/30/2023. Signed by Clerk on 11/30/2023.(Imbriani, Susan)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Aleah Mohammed. (Attachments: #1 envelope)(Imbriani, Susan) |
| Judge Sarala V. Nagala and Judge Thomas O. Farrish added. (Oliver, T.) |
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| Petitioner: Aleah Mohammed | |
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| Respondent: Rick Stover | |
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