Clark v. Jamison
| James Edward Clark |
| Warden Jamison |
| 1:2023cv01140 |
| February 8, 2023 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Document Text |
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| MAILING RECEIPT: Document No: 5. Mailed to: James Edward Clark 36794-066 Federal Correctional Institution 31 Pembroke Station Danbury, CT 06811. (ok) |
Filing 5
TRANSFER ORDER: Petitioner Edward James Clark, currently incarcerated at FCI Danbury in Danbury, Connecticut, brings this pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C. 2241, seeking a recalculation of his sentence under the First Step Act of 2018. Clark paid the filing fee to bring this action. For the following reasons, this petition is transferred to the United States District Court for the District of Connecticut. In order to entertain a habeas corpus petition under 28 U.S.C. 2241, a court must have jurisdiction over the custodian. See Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 494-95 (1973) (writ of habeas corpus does not act upon the prisoner who seek relief, but upon his or her custodian). Thus, the jurisdiction of a habeas petition challenging a petitioner's physical confinement generally lies in the district of his confinement. Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Clark is currently incarcerated at FCI Danbury, which is located in the judicial district of the United States District Court for District of Connecticut. Therefore, in the interest of justice, this matter is transferred to the District of Connecticut. See 28 U.S.C. 1406(a).The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the District of Connecticut. This order closes this case in the Southern District of New York. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Edgardo Ramos on 3/27/2023) (ama) Transmission to Office of the Clerk of Court for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Filing 3 PRO SE MEMORANDUM, dated 3/14/23 re: CHANGE OF ADDRESS for James Edward Clark. New Address: Reg#36794-066, Fed. Corr. Institution -Danbury, 31 Pembroke Station, Danbury, CT, 06811. (sc) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 03/07/2023, Receipt Number 13351. (stt) |
| MAILING RECEIPT: Document No: 2. Mailed to: James Edward Clark 36794-066 Federal Correctional Institution P.O. Box 1000 Otisville, NY 10963. (kh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/16/2023. In Forma Pauperis (IFP) Application due by 3/16/2023. (Signed by Judge Laura Taylor Swain on 2/14/2023) (sha)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by James Edward Clark..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: James Edward Clark | |
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| Respondent: Warden Jamison | |
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