Gadson v. Houston House
| Derrick Gadson |
| Houston House and Bureau of Prisons |
| 1:2023cv08518 |
| September 27, 2023 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Lorna G Schofield |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Filing 10 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from AUSA Alexander Kristofcak dated November 20, 2023 re: Petitioner Status. Document filed by Bureau of Prisons, Houston House. (Attachments: #1 Exhibit A: Sentence Monitoring Computation Data, #2 Exhibit B: Inmate Locator).(Kristofcak, Alexander) |
| Filing 9 NOTICE OF APPEARANCE by Alexander Kristofcak on behalf of Bureau of Prisons, Houston House..(Kristofcak, Alexander) |
| Received returned mail re: #8 Information Package - Mailed. Mail was addressed to Derrick Gadson 38265-509 at Houston House 67 Slater Street Pawtucket, RI 02860 and was returned for the following reason(s): Return To Sender; Attempted-Not Known; Unable to Forward. (sha) |
Filing 8
INFORMATION PACKAGE MAILED to Derrick Gadson 38265-509 at Houston House, 67 Slater Street Pawtucket, RI 02860, at, on 10/12/2023 Re: #6 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases).(sha)
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Filing 7
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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/11/2023) (jca)
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Filing 6
ORDER TO ANSWER, 28 U.S.C. 2241 The Court, having examined the petition in this action, which Petitioner filed pursuant to 28 U.S.C. 2241, hereby ORDERS as follows: The Clerk of Court shall add the Bureau of Prisons as a Respondent. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. By October 20, 2023, the U.S. Attorneys Office shall answer or move in response to the petition or inform the Court that no response is necessary. Petitioner may file an opposition to any motion by November 3, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order and the order of reference to Judge Gorenstein to the pro se Petitioner. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/11/2023) (jca) Transmission to Pro Se Assistants for processing.
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| Set/Reset Deadlines: Responses due by 10/20/2023 Replies due by 11/3/2023. (jca) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Gabriel W. Gorenstein 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. (vba) |
| Filing 4 CASE TRANSFERRED IN from the United States District Court - District of Rhode Island; Case Number: 1:23-cv-00328. Original file certified copy of transfer order and docket entries received. |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
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TEXT ORDER transferring Plaintiff's action, including his #1 Petition, to the United States District Court for the Southern District of New York. "The federal habeas statute straightforwardly provides that the proper respondent to a habeas petition is 'the person who has custody over [the petitioner].'" Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (quoting 28 U.S.C. 2242) (internal edits in original). "District Courts are limited to granting habeas relief 'within their respective jurisdictions.'" Id. at 442 (quoting 28 U.S.C. 2241(a)). Plaintiff's custodian is Patrick McFarland, who is the Residential Reentry Manager of the Neil J. Houston House, where Plaintiff now resides; Mr. McFarland is in New York, New York. See Decl. of Patrick McFarland 1, 7, ECF No. 2-1. The Houston House is a private, independent Residential Reentry Center in Pawtucket, Rhode Island, with which the Bureau of Prisons contracts to provide prerelease custody placement and monitoring for federal inmates, under the custodial control of the New York Residential Reentry Management Office. Id. 6. Because Plaintiff's custodian is in New York, New York, this Court lacks habeas jurisdiction. The more appropriate judicial district is the Southern District of New York, and the Court transfers this action there. So Ordered by District Judge William E. Smith on 9/27/2023. (Urizandi, Nissheneyra) [Transferred from Rhode Island on 9/27/2023.]
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| Case Designated ECF. (vba) |
| Filing 3 RESPONSE In Opposition to #2 MOTION to Dismiss for Lack of Jurisdiction filed by Derrick Gadson. Replies due by 9/29/2023. (Gonzalez Gomez, Viviana) [Transferred from Rhode Island on 9/27/2023.] |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Houston House. Responses due by 9/27/2023. (Attachments: #1 Affidavit McFarland Declaration, #2 Exhibit Attachment 1, J & C, #3 Exhibit Attachment 2, FSA time credits)(Rogers, Mary) [Transferred from Rhode Island on 9/27/2023.] |
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TEXT ORDER directing the government to respond to the #1 Petition for Writ of Habeas Corpus by 9/15/2023. So Ordered by District Judge William E. Smith on 8/15/2023. (Urizandi, Nissheneyra) [Transferred from Rhode Island on 9/27/2023.]
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| Filing 1 Petition for writ of habeas corpus under 28 U.S.C 2241 ( filing fee paid $ 5.00 receipt number 100000471 ), filed by Derrick Gadson. (Attachments: #1 Civil Cover Sheet)(Kenny, Meghan) Modified on 8/10/2023 to correct Petitioner name. (Kenny, Meghan). [Transferred from Rhode Island on 9/27/2023.] |
| CORRECTIVE DOCKET ENTRY: Case reassigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond as it is related to case 1:21-cr-00107. District Judge Mary S. McElroy, Magistrate Judge Patricia A. Sullivan no longer assigned to the case. (Kenny, Meghan) [Transferred from Rhode Island on 9/27/2023.] |
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