Costello v. Warden
| Michael J. Costello |
| United States of America and Warden |
| 0:2020cv01494 |
| June 30, 2020 |
| US District Court for the District of Minnesota |
| Paul A Magnuson |
| Katherine M Menendez |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 Letter to District Court Middle District of Pennsylvania by Father of Michael J. Costello. (Attachments: #1 Cover Letter, #2 Envelope 1, #3 Envelope 2)(KNK) |
Filing 9
ORDER: IT IS HEREBY ORDERED that this matter is STAYED pending the resolution of Costello's Motion for Compassionate Release in the Middle District of Pennsylvania. Signed by The Hon. Paul A. Magnuson on 7/9/2020. (LLM)
|
| Filing 8 RECEIPT number AMNDC-0000010 in the amount of $5.00 issued to Michael J. Costello. (JGK) |
| Filing 7 NOTICE of Appearance by Andrew Tweeten on behalf of Warden. (Attachments: #1 Certificate of Service)(Tweeten, Andrew) |
| Filing 6 LETTER from Clerk's Office to Michael J. Costello re 2241 filing fee, enclosing Application to Proceed In Forma Pauperis. (lmb) |
| Filing 5 Case transferred in from District of Pennsylvania Middle; Case Number 3:20-cv-00771. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Paul A. Magnuson and referred to Magistrate Judge Katherine M. Menendez per Fifth Division Prisoner List. |
| Filing 4 Supplement by Michael J. Costello. to #1 Petition for Writ of Habeas Corpus(Lodged No FF and No Motion for IFP Filed). (bg) [Transferred from Pennsylvania Middle on 6/30/2020.] |
|
Filing 3
ORDER (memorandum filed previously as separate docket entry)IT IS HEREBY ORDERED THAT:(1) The defendant Michael Costellos letter Motion for Compassionate Release or for Reduction of Sentence and for Immediate Release to Home Confinement, (Doc. 93), is construed as an emergency petition for writ of habeas corpus pursuant to 28 U.S.C. 2241.(2) The clerk of court is directed to docket defendants Doc. 93 motion as a 2241 habeas petition and to assign it a separate civil number. Due to the immediate request for relief sought, the clerk of court is directed forgo the thirty-day administrative order requiring defendant to pay the filing fee for a habeas petition, as that can be addressed in the proper jurisdictional court.(3) The clerk of court is then directed to forthwith transfer defendants habeas petition to the U.S. District Court for the District of Minnesota.(4) To the extent defendants Doc. 93 motion can be construed a motion for compassionate release, it is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction since he has failed to comply with 3582(c)(1)(A)s exhaustion requirement.(5) To the extent defendants Doc. 93 motion can be alternatively construed as a motion for immediate release to home confinement under the CARES Act, it is DISMISSED since the court lacks authority to grant such relief under the Act.Signed by Honorable Malachy E Mannion on 05/11/2020. Memorandum and Order mailed this day to petitioner.(lp) Modified on 5/11/2020 (lp). [Transferred from Pennsylvania Middle on 6/30/2020.]
|
| Filing 2 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Malachy E Mannion on 05/11/2020. (lp) [Transferred from Pennsylvania Middle on 6/30/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus/Motion for a Compassionate Release was lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Michael J. Costello.(lp) Modified on 5/11/2020 (lp). [Transferred from Pennsylvania Middle on 6/30/2020.] |
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 Minnesota 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.
