Williams v. Bureau of Prisons
| Daryl Williams |
| Bureau of Prisons, JESSICA SAGE and BOP |
| 5:2024hc02096 |
| May 14, 2024 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Filing 26 Case transferred in from District of North Carolina Middle. Case Number 1:24-cv-00394. transfer order and docket sheet obtained from transferring district. |
Filing 25
ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/14/2024, that the entire record of this proceeding is hereby transferred to the United States District Court for the Eastern District of North Carolina for further screening and/or further proceedings. (cc) [Transferred from North Carolina Middle on 5/14/2024.]
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| CASE REFERRED for Screening (cb) [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 24 Case transferred in from District of Pennsylvania Middle; Case Number 3:24-cv-00491. Original file certified copy of transfer order and docket sheet received. [Transferred from North Carolina Middle on 5/14/2024.] |
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Filing 23
ORDER - DIRECTING Clerk of Court to TRANSFER CASE to the Middle District of North Carolina and further ordered to CLOSE this case. Signed by Honorable Julia K Munley on 5/10/24. (sm) [Transferred from Pennsylvania Middle on 5/10/2024.] Modified on 5/13/2024 to include spacing. (cc) [Transferred from North Carolina Middle on 5/14/2024.]
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| Case Assigned to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (cb) [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 22 RESPONSE TO PETITION FOR HABEAS CORPUS by Jessica Sage by Jessica Sage. (Attachments: #1 Exhibit(s) Ex. 1, Bower Declaration, #2 Exhibit(s) Attach. A, Public Information Inmate Data, #3 Exhibit(s) Attach. B, Inmate History, #4 Unpublished Opinion(s))(Thiel, George) [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 21 Mail Returned #18 as Undeliverable. Mail sent to Daryl Williams. Remailed Doc. #18 to FCI Butner Medium I (ao) [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 20 Mail Returned as Undeliverable. Document 18. Mail sent to Daryl Williams. Envelope marked: "RTS - Not deliverable as addressed - UTF" Inmate search confirms inmate is now located at FCI Butner Medium I. Document re-mailed to inmate and address updated on docket. (dj) [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 19 SHOW CAUSE ORDER and PETITION Served on U.S. Attorney's Office via hand-delivery and Jessica Sage at USP Lewisburg via regular mail. (cp) [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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Filing 18
ORDER TO SHOW CAUSE - Petition is deemed FILED. The Clerk of Court is directed to serve a copy of he petition (Doc. #1 ), Petitioner's Supplemental Memorandum (Doc. #5 ) and the Order on Respondent and the United States Attorney. Respondent shall show cause within twenty-one (21) days of the date of this Order why the Petitioner should not be granted Habeas Corpus relief. Show Cause Response due by 4/12/2024. Signed by Honorable Julia K Munley on 3/22/2024. (cp) [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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| Filing 17 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 16 Case transferred electronically in from District of New York Southern; Case Number 1:24-cv-00867 containing electronic documents. [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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Filing 15
ORDER Therefore, the Clerk of Court is respectfully directed to substitute Warden Jessica Sage, USP Lewisburg, for the existing respondents and to transfer this case to the United States District Court for the Middle District of Pennsylvania. This Order supersedes the provision of Rule 83.1 of the Local Rules for the Southern District of New York that requires a seven-day delay before the Clerk of Court may effectuate the transfer of a case to the transferee court. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/20/2024) (jca) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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| Filing 14 LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Joseph A. Pantoja, AUSA dated March 18, 2024 re: Order to Show Cause, ECF No. 12. Document filed by BoP, Warden of the New York Regional Reentry Office. (Attachments: #1 Affidavit of service on petitioner).(Pantoja, Joseph) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 13 NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of BoP, Warden of the New York Regional Reentry Office. (Attachments: #1 Affidavit of service on petitioner).(Pantoja, Joseph) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| MAILING RECEIPT: Document No: 12. Mailed to: Daryl Williams 08283082 Donald W. Wyatt Detention Facility 950 High St. Central Falls, RI 02863; Bethany N. Wong DOJ-USAO One Financial Plaza 17th Floor Providence, RI 02903. (nb) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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Filing 12
ORDER TO SHOW CAUSE, The Clerk of Court is respectfully requested to add the BoP back to the case as a respondent; 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; and to mail a copy of this Order To Show Cause to the USAO at 86 Chambers Street, 3rd Floor, New York, NY 10007. Williams and the USAO, which is the agent and attorney for the BoP, are Ordered To Show Cause why this case should not be transferred back to the Original Court. The USAO and Williams may satisfy this Order To Show Cause by submitting on the docket, by March 18, 2024, a brief statement as to why this case should not be transferred back to the Original Court. In its filing, the USAO shall also identify the custodian in charge of Williams' detention at the time of his initial filing. If no party responds to this Order by March 18, 2024, I will transfer this case back to the Original Court pursuant to 28 U.S.C. 1404(a), based on the law applicable to venue in habeas petitions pursuant to 27 U.S.C. 2241. 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). SO ORDERED. ( BoP added. ) (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/7/24) (yv) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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| MAILING RECEIPT: Document No: 9-10. Mailed to: Daryl Williams 08283082 Donald W. Wyatt Detention Facility 950 High St. Central Falls, RI 02863; Bethany N. Wong DOJ-USAO One Financial Plaza 17th Floor Providence, RI 02903. (nb) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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Filing 10
ORDER The Court construes the Petition, Dkt. 1, filed in this action as brought pursuant to 28 U.S.C. 2241 and hereby orders that: 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. Within sixty days of the date of this Order, the U.S. Attorney's Office shall file an answer or other pleading in response to the Petition. Petitioner may file reply papers, if any, within thirty days from the date Petitioner is served with Respondent's response. SO ORDERED. (Signed by Judge John P. Cronan on 2/22/2024) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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Filing 9
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, General Pretrial AND Dispositive Motion. Referred to Magistrate Judge Valerie Figueredo. SO ORDERED. (Signed by Judge John P. Cronan on 2/22/2024) (jca) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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. (sgz) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (sgz) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| MAILING RECEIPT: Document No: 7. Mailed to: Daryl Williams 08283082 Donald W. Wyatt Detention Facility 950 High St. Central Falls, RI 02863; Bethany N. Wong DOJ-USAO One Financial Plaza 17th Floor Providence, RI 02903. (nb) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 2/7/2024) (vn) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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| Filing 6 CASE TRANSFERRED IN from the United States District Court - District of Rhode Island; Case Number: 1:24-cv-00026. Original file certified copy of transfer order and docket entries received. [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Case Designated ECF. (vba) [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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TEXT ORDER: The petitioner seeks a writ of habeas corpus challenging his termination from a halfway house placement in Pawtucket, Rhode Island. He is in the custody of the United States Bureau of Prisons (BOP), which apparently has returned him to prison for possessing a photograph displaying nudity, in violation of BOP regulations. https://www.bop.gov/locations/institutions/bry/bry_ao_handbook.pdf?v=1.0.0, at 7. The plaintiff contends the regulation violates his First Amendment right of expression. Mr. Williams is currently housed at a detention facility in Central Falls, Rhode Island, presumably awaiting further proceedings. A habeas petition is properly addressed to the person who has custody over [the petitioner,] Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004). The Bureau of Prisons lists New York Residential Reentry Management as Mr. Williams location, and that appears to be the entity with custodial control. Because that custodian is not in the District of Rhode Island, this court lacks habeas jurisdiction over this case. The court finds that it is in the interest of justice to transfer this case to its appropriate judicial district, the United States District Court for the Southern District of New York. The Warden, New York Regional Reentry Office is substituted as the sole respondent. Pursuant to 28 U.S.C. 1631, the clerk shall transfer this action to the United States District Court for the Southern District of New York. So Ordered by District Judge Mary S. McElroy on 1/31/2024. (Potter, Carrie) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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| Filing 5 SUPPLEMENTAL MEMORANDUM by Daryl Williams in support of #1 PETITION for Writ of Habeas Corpus. (Attachments: #1 Envelope)(Hill, Cherelle) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 4 Civil Cover Sheet filed by Daryl Williams. Regarding New Case: #1 PETITION for Writ of Habeas Corpus. (Attachments: #1 Envelope)(Hill, Cherelle) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Daryl Williams. (Attachments: #1 Envelope)(Hill, Cherelle) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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Filing 2
ORDER entered directing the petitioner to pay the habeas corpus filing fee in the amount of $5.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 2/7/2024. So Ordered by District Judge Mary S. McElroy on 1/17/2024. (DaCruz, Kayla) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.]
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Daryl Williams. (Attachments: #1 Envelope) (DaCruz, Kayla) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (DaCruz, Kayla) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
| CORRECTIVE DOCKET ENTRY Regarding: #1 PETITION for Writ of Habeas Corpus. This case has been electronically filed and processed, however, after a quality control review the following deficiencies were found: Civil Cover Sheet not attached. The filer is directed to file a Civil Cover Sheet. (DaCruz, Kayla) [Transferred from Rhode Island on 2/6/2024.] [Transferred from New York Southern on 3/21/2024.] [Transferred from Pennsylvania Middle on 5/10/2024.] [Transferred from North Carolina Middle on 5/14/2024.] |
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