Kaddy v. State of New Hampshire Hospital
| Anthony J. Kaddy |
| State of New Hampshire Hospital |
| 1:2023cv00361 |
| July 21, 2023 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Andrea K Johnstone |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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| ENDORSED ORDER granting #17 Application to Proceed Without Prepayment of Fees or Costs. Text of Order: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee So Ordered by US Magistrate Judge Andrea K Johnstone. (mc) |
| Filing 20 Addendum to #1 Petition for Writ of Habeas Corpus - 2241, by Anthony J. Kaddy. (vln) |
| Filing 18 Addendum to #1 Petition for Writ of Habeas Corpus - 2241, by Anthony J. Kaddy. (vln) |
| Filing 19 Addendum to #1 Petition for Writ of Habeas Corpus - 2241, by Anthony J. Kaddy. (vln) |
| Filing 17 MOTION to Proceed Without Prepayment of Fees or Costs filed by Anthony J. Kaddy.(mc) |
| Filing 16 Addendum to #1 Petition for Writ of Habeas Corpus - 2241, by Anthony J. Kaddy. (vln) |
| Filing 15 Letter from Athony James Kaddy (vln) |
| Filing 14 Addendum to #1 Petition for Writ of Habeas Corpus - 2241, by Anthony J. Kaddy. (vln) |
| Filing 13 Addendum to #1 Petition for Writ of Habeas Corpus - 2241 by Anthony J. Kaddy. (vln) |
| Filing 12 Addendum to #1 Petition for Writ of Habeas Corpus - 2241 by Anthony J. Kaddy. (vln) |
| Filing 11 MOTION to Appoint Counsel filed by Anthony J. Kaddy.(vln) |
| Filing 10 Addendum to #1 Petition for Writ of Habeas Corpus - 2241 by Anthony J. Kaddy. (vln) |
| Filing 9 PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 8/23/2023.(ed) |
| Case assigned to Judge Samantha D. Elliott. The case designation is: 1:23-cv-361-SE. Please show this number with the judge designation on all future pleadings. (ed) |
| NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(ed) |
| Filing 8 Case transferred in from District of Connecticut; Case Number: 3:23-cv-00759. Original file certified copy of transfer order and docket sheet received |
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) [Transferred from ctd on 7/21/2023.]
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| Filing 6 MOTION to Appoint Counsel, by Anthony J. Kaddy. (Attachments: #1 Envelope) (Mendez, D) [Transferred from ctd on 7/21/2023.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Anthony J. Kaddy. (Attachments: #1 envelope)(Pesta, J.) [Transferred from ctd on 7/21/2023.] |
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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) [Transferred from ctd on 7/21/2023.]
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Filing 3
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 6/8/2023. (Mendez, D) [Transferred from ctd on 7/21/2023.]
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| Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Freberg, B) [Transferred from ctd on 7/21/2023.] |
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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) [Transferred from ctd on 7/21/2023.]
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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). [Transferred from ctd on 7/21/2023.] |
| ***Set/Clear Flags (Sichanh, Christina) [Transferred from ctd on 7/21/2023.] |
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