Shelby v. Petrucci et al
| Ms. July Justine Shelby |
| Warden James Petrucci, United States Bureau of Prisons and President Donald J. Trump |
| 1:2020cv03233 |
| April 23, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Sarah Netburn |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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Filing 15
NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of James Petrucci, Donald J. Trump, United States Bureau of Prisons..(Kahane, Joshua)
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Filing 14
REPLY AND OBJECTIONS TO re: #8 Report and Recommendations. Document filed by July Justine Shelby. (va)
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Filing 13
LETTER addressed to Clerk from July Justine Shelby dated 5/25/2020 re: please send me a copy for my records. Document filed by July Justine Shelby. (va)
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Mailed Notice of Case Reassignment to litigant. (nd)
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Filing 12
PETITIONER'S REPLY TO GOVERNMENT'S LETTER. Document filed by July Justine Shelby..(rj) (Main Document 12 replaced on 5/26/2020) (rj).
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Filing 11
***SELECTED PARTIES***DECLARATION of Monica Folch in Opposition re: #6 LETTER MOTION to Seal addressed to Judge Vernon S. Broderick from Monica Folch dated May 8, 2020.. Document filed by Donald J. Trump, United States Bureau of Prisons, James Petrucci, July Justine Shelby. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #6 .(Folch, Monica)
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Filing 10
LETTER addressed to Judge Vernon S. Broderick from Monica Folch dated May 8, 2020 re: Response to petitioner's request for emergency relief related to her medical condition and medical care. Document filed by James Petrucci, Donald J. Trump, United States Bureau of Prisons..(Folch, Monica)
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Filing 9
ORDER granting in part and denying in part #6 Letter Motion to Seal. Respondents shall file the letter response to Petitioner's emergency request on the public docket. Respondents shall file the supporting declaration and its exhibit under seal, due to the sensitive medical information contained therein. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) Copies of Notice of Electronic Filing Sent By Chambers. (Netburn, Sarah)
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Filing 8
REPORT AND RECOMMENDATIONS re: #1 Petition for Writ of Habeas Corpus filed by July Justine Shelby. Based on the foregoing, I conclude that Petitioner has not demonstrated that she is "in custody in violation of the Constitution or laws or treaties of the United States" for the purposes of granting emergency habeas corpus relief under 28 U.S.C. 2241. I further conclude that Petitioner has not made a showing justifying the Court's use of its inherent power to grant bail to habeas petitioners with "substantial claims" and in "extraordinary circumstances" under Mapp. Nor has Petitioner established a basis for temporary release on any other grounds. Because Petitioner has not set forth any basis upon which the relief sought may be granted, Petitioner's request for immediate release or transfer solely on the basis of her medical condition and treatment should be DENIED pending the disposition of the remainder of the claims in the Petition and the Related Petition. So Ordered. Copies sent by Chambers. Objections to R&R due by 6/1/2020 (Signed by Magistrate Judge Sarah Netburn on 5/18/2020) (js) Modified on 5/21/2020 (js).
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Mailed a copy of #8 Report and Recommendation, 9 Order to July Justine Shelby Reg. No. 15472-028 Federal Correctional Institution Otisville P.O. Box 1000 Otisville, NY 10963. (ras)
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Filing 7
***SELECTED PARTIES*** RESPONSE to Motion re: #6 LETTER MOTION to Seal addressed to Judge Vernon S. Broderick from Monica Folch dated May 8, 2020. Letter response to Petitioner's request for emergency relief related to her medical condition and medical care. Document filed by Donald J. Trump, United States Bureau of Prisons, James Petrucci, July Justine Shelby. (Attachments: #1 Folch Declaration, #2 Exhibit A)Motion or Order to File Under Seal: #6 .(Folch, Monica)
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Filing 6
LETTER MOTION to Seal addressed to Judge Vernon S. Broderick from Monica Folch dated May 8, 2020. Document filed by James Petrucci, Donald J. Trump, United States Bureau of Prisons..(Folch, Monica)
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Mailed a copy of #2 Order, to July Justine Shelby, Reg. No. 15472-028; Federal Correctional Institution Otisville, P.O. Box 1000, Otisville, NY 10963. (sac)
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Filing 5
ORDER granting #4 Letter Motion for Extension of Time. Respondents' letter response to Petitioner's request for emergency relief related to her medical condition and medical care shall be due May 8, 2020. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Mailed a copy of 5 Order to July Justine Shelby Reg. No. 15472-028 Federal Correctional Institution Otisville P.O. Box 1000 Otisville, NY 10963. (ras)
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Filing 4
LETTER MOTION for Extension of Time of two days to file letter response addressed to Judge Vernon S. Broderick from Monica Folch dated May 5, 2020. Document filed by James Petrucci, Donald J. Trump, United States Bureau of Prisons..(Folch, Monica)
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Filing 3
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Vernon S. Broderick on 5/1/2020) (rro)
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Filing 2
ORDER: I recently accepted 20-CV-3233 as related to 19-CV-2020. I have examined the petition in 20-CV-3233, which was filed pursuant to 28 U.S.C. 2241, and seeks release from custody or transfer in part due to Petitioner recently contracting COVID-19. It is hereby, ORDERED that: The United States Attorney for the Southern District of New York is directed to file a letter response to Petitioner's request for emergency relief related to her medical condition and medical care on behalf of Respondent within 7 days of the date of this Order. With regard to the remaining claims asserted in the Petition, the United States Attorney for the Southern District of New York is directed to file an answer, motion, or other pleading to the petition on behalf Respondent within 60 days of the date of this Order. Respondent shall not transport Petitioner to another facility without seeking guidance from the Court unless it is to receive medical treatment. Respondent shall annex as exhibits to its response any documents that are adverted to if not already contained in the record. Any factual assertions must be set forth in an affidavit or declaration, except those for which transcript or other record citations are provided. IT IS FURTHER ORDERED that the Clerk of Court serve copies of this order, the petition, and all other papers in support thereof, by certified mail upon the United States Attorney for the Southern District of New York. (Signed by Judge Vernon S. Broderick on 4/29/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad)
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CASE ACCEPTED AS RELATED. Create association to 1:19-cv-02020-VSB-SN. Notice of Assignment to follow. (ad)
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NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (ad)
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by July Justine Shelby. (sac)
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Case Designated ECF. (sac)
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