Altino v. Bureau of Prison (BOP)
| Udson Altino |
| Bureau of Prison (BOP) |
| 1:2023cv05242 |
| July 7, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 CLERK'S JUDGMENT: ORDERED and ADJUDGED that the petition is denied. Signed by Brenna B. Mahoney, Clerk of Court by J. Poveda, Deputy Clerk on 7/26/2023. c/m w-appeal packet to pro se party Udson Altino. (ML) |
ORDER DISMISSING CASE: The Court has reviewed the Government's #4 memorandum in opposition to Petitioner's #1 Section 2241 Petition. Petitioner alleges that the Bureau of Prisons ("BOP") "has made an egregious error in determining the length of [his] incarceration" and argues that his correct release date should have been on 11/2/2022, with home confinement beginning on 5/22/2023. (Dkt. 1, at 1.) The Court ordered the Government to respond to Petitioner's allegations by 7/21/2023. (7/13/2023 Docket Order.) On July 21, 2023, the Government responded and sufficiently established that the BOP accurately calculated Petitioner's release date (see Dkt. 4-1), and that Petitioner's correct release date is 2/3/2024 with a projected date for home detention beginning on 8/3/2023. (Dkt. 4, at 2.) Thus, the Court denies the Petition. The Clerk of Court is respectfully directed to enter judgment accordingly and close this case. Ordered by Judge Pamela K. Chen on 7/25/2023. (LC)
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| Filing 6 NOTICE of Appearance by Margaret Larkin on behalf of Bureau of Prison (BOP) (aty to be noticed) (Larkin, Margaret) |
| Filing 5 DECLARATION regarding Certificate of Service by Bureau of Prison (BOP) (Larkin, Margaret) |
| Filing 4 MEMORANDUM in Opposition re #1 Petition for Writ of Habeas Corpus filed by Bureau of Prison (BOP). (Attachments: #1 Declaration and Attachments) (Larkin, Margaret) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
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ORDER TO SHOW CAUSE: The Government shall respond to the Section 2241 petition of Defendant Udson Altino regarding the Bureau of Prison's alleged miscalculation of his release date by 7/21/2023. The Government shall serve a copy of the response on Petitioner and file the original with the Court, together with of proof of service, by 7/21/2023. Ordered by Judge Pamela K. Chen on 7/13/2023. Electronic Service upon the US Attorneys Office re #1 Petition for Writ of Habeas Corpus filed by Udson Altino. (FG)
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| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (KD) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Udson Altino. (Attachments: #1 Civil Cover Sheet) (KD) |
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| Plaintiff: Udson Altino | |
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| Defendant: Bureau of Prison (BOP) | |
| Represented By: | Margaret Larkin |
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