Castillo-DeLeon v. Director of the Federal Bureau of Prisons - BOP Central Office 4:2012cv00186 | US District Court for the Northern District of Ohio

Justia Dockets & Filings Sixth Circuit Ohio Northern District Castillo-DeLeon v. Director of the Federal Bureau of Prisons - BOP Central Office

Castillo-DeLeon v. Director of the Federal Bureau of Prisons - BOP Central Office

Petitioner:	Javier Castillo-DeLeon
Respondent:	Director of the Federal Bureau of Prisons - BOP Central Office
Case Number:	4:2012cv00186
Filed:	January 25, 2012
Court:	US District Court for the Northern District of Ohio
Office:	Youngstown Office
County:	Columbiana
Presiding Judge:	Benita Y. Pearson
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
October 30, 2012	Filing 10 Order The Petition for Writ of Habeas Corpus is granted in part, to the extent that Castillo-DeLeon shall be entitled to 561 days of jail-time credit. As set forth in the Court's 9/24/2012 Memorandum of Opinion and Order, the Petition for Writ of Habeas Corpus is otherwise dismissed. A hearing on the matter is not necessary. Judge Benita Y. Pearson on 10/30/2012. (S,L)
September 24, 2012	Filing 4 Memorandum Opinion and Order Petitioner's requests for double sentence credit under 18 U.S.C. § 3585, to change his sentence commencement date and to seek a nunc pro tunc designation in the instant Petition are dismissed witho ut leave to amend. This Court has examined Petitioner's claim regarding the number of days for which he seeks credit pursuant to 18 U.S.C. § 3585 and cannot determine from the face of the Petition that he is not entitled to the relief reque sted. Accordingly, Respondent shall make a return within 20 days of the date of this order: 1. Certifying the true cause of Petitioner's detention; 2. Giving the names of other courts in which Petitioner has sought release together with any ci tations to such prior court action in this case; 3. Showing causesupported by a detailed answer to Petitioner's allegations, and by records, complete transcripts, affidavits and other documentary evidence-why a Writ of Habeas corpus should not i ssue. Upon return, a date shall be set for a hearing pursuant to 28 U.S.C. § 2243. Petitioner's Motion to Proceed In Forma Pauperis is granted. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 9/24/2012. (S,L)

Date Filed

Document Text

October 30, 2012

Filing 10 Order The Petition for Writ of Habeas Corpus is granted in part, to the extent that Castillo-DeLeon shall be entitled to 561 days of jail-time credit. As set forth in the Court's 9/24/2012 Memorandum of Opinion and Order, the Petition for Writ of Habeas Corpus is otherwise dismissed. A hearing on the matter is not necessary. Judge Benita Y. Pearson on 10/30/2012. (S,L)

September 24, 2012

Filing 4 Memorandum Opinion and Order Petitioner's requests for double sentence credit under 18 U.S.C. § 3585, to change his sentence commencement date and to seek a nunc pro tunc designation in the instant Petition are dismissed witho ut leave to amend. This Court has examined Petitioner's claim regarding the number of days for which he seeks credit pursuant to 18 U.S.C. § 3585 and cannot determine from the face of the Petition that he is not entitled to the relief reque sted. Accordingly, Respondent shall make a return within 20 days of the date of this order: 1. Certifying the true cause of Petitioner's detention; 2. Giving the names of other courts in which Petitioner has sought release together with any ci tations to such prior court action in this case; 3. Showing causesupported by a detailed answer to Petitioner's allegations, and by records, complete transcripts, affidavits and other documentary evidence-why a Writ of Habeas corpus should not i ssue. Upon return, a date shall be set for a hearing pursuant to 28 U.S.C. § 2243. Petitioner's Motion to Proceed In Forma Pauperis is granted. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 9/24/2012. (S,L)

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Petitioner: Javier Castillo-DeLeon
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Respondent: Director of the Federal Bureau of Prisons - BOP Central Office
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