Penitani v. United States Probation Office
| John Penitani |
| United States Probation Office |
| 1:2023cv00121 |
| March 3, 2023 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
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| Document Text |
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| Filing 9 EO: The court has before it a request by John Penitani for a different Probation Officer. Possibly, Mr. Penitani is actually seeking relief relating to the judgment entered in Civil No. 23-00121. To ensure that the court is giving Mr. Penitani's request the most liberal reading possible, this court is entering this minute order in both the civil action and in his two criminal actions. No matter which case involving Mr. Penitani the court considers, the court denies his request for a different Probation Officer. In the first place, district judges are not normally involved with assigning Probation Officers, instead leaving that administrative matter to the Probation Office. In the second place, Mr. Penitani's request appears to flow from his frustration with how the Bureau of Prisons is handling his request for early release to home confinement. That is a matter in the hands of the Bureau of Prisons. At this point, the Probation Office is not yet supervising Mr. Penitani, who remains in the Bureau of Prisons' custody. In a filing in Mr. Penitani's criminal cases (Crim. Nos. 13-00514 and 13-00653) on April 24, 2023, the Probation Officer has explained the Probation Officer's actions relating to Mr. Penitani's Supervised Release Plan, which concerns what happens with Mr. Penitani after he has completed his prison term. Until he completes his prison term, the Bureau of Prisons is in charge of his custody, including any home confinement occurring while he is still in such custody. His complaint about his Probation Officer is misplaced. (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 9 EO (entering order) has been served by First Class Mail to the addresses of record on John Penitani. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 8 CLERK'S JUDGMENT entered on 4/12/2023 pursuant to ECF No. 6 Entering Order. (eta) |
| COURT'S CERTIFICATE of Service - a copy of #8 Clerk's Judgment has been served by First Class Mail to John Penitani at the address of record on April 12, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 7 Letter from John Penitani re: Writing the courts to ask if I could have a different Probation Officer. (cib) |
| Filing 6 EO: Mr. Penitani has filed a clarification in which he says that "the fact that my papers are now routing is evidence the probation office approved my placement, that's what they just told me." It is not clear to this court whether Mr. Penitani is referring to a placement for the completion of his prison term or to a placement for supervised release. What is clear is that he no longer is claiming to have a problem. This court therefore directs the Clerk of Court to terminate this civil action as moot and to close this case. (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 6 EO (entering order) has been served by First Class Mail to the addresses of record on John Penitani. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 5 RESPONSE to #2 Order Regarding Request For Relief - filed by John Penitani. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 4 EO: The court has received Mr. Penitani's request for appointment of counsel. On the resent record, that request is denied. The matter pending before this court concerns what appears to be a complaint involving the Probation Office, regarding which this court is waiting for Mr. Penitani's clarification. With his request for appointment of counsel, Mr. Penitani, appearing pro se, appears to be addressing a number of other matters, but the court is not here considering those in connection with the request for counsel. To the extent Mr. Penitani is complaining about how the Bureau of Prisons is executing his sentence, that is not a matter Mr. Penitani may bring to this court. Assuming he has submitted any required grievance and has satisfied any other procedural requirement before involving a federal court, the proper court for claims aimed at such matters is the District of Oregon, where his Bureau of Prisons facility is. To the extent Mr. Penitani intends to bring a compassionate release motion (which is unclear given the reference to compassionate release included in his request for counsel), such a motion should be filed in the District of Hawai'i but should be based on developments occurring after this court denied his last compassionate release motion and after he satisfies the exhaustion requirement. The court notes that counsel is not usually appointed before a compassionate release motion is filed (and is not always appointed even after such a filing). Finally, the court notes that Mr. Penitani asks the court to advocate for him, but this court is not any party's advocate. At this point, this court awaits the clarification from Mr. Penitani requested by this court in its minute order of March 13, 2023, which appears to have crossed in the mail with Mr. Penitani's request for counsel. re #3 . (JUDGE SUSAN OKI MOLLWAY)(cib)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 4 EO (entering order) has been served by First Class Mail to the addresses of record on John Penitani. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 3 REQUEST for an Attorney - by Petitioner John Penitani (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Mailing Documentation)(eta) |
Filing 2
ORDER Regarding Request For Relief re #1 . Signed by JUDGE SUSAN OKI MOLLWAY on 3/13/2023. (cib)
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| COURT'S CERTIFICATE of Service - a copy of #2 Order has been served by First Class Mail to the addresses of record on John Penitani. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 1 PETITION for Writ of Habeas Corpus (Letter Re: Release to Home Confinement/Issues with Office of Probation) - filed by John Penitani. (Attachments: #1 Attachment # 1, #2 Attachment # 2, #3 Mailing Documentation)(eta) |
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| Petitioner: John Penitani | |
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| Respondent: United States Probation Office | |
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