Robles v. Warden/Superintendent of Federal Detention Center-Philadelphia
| Liza Robles |
| Warden/Superintendent of Federal Detention Center-Philadelphia |
| 2:2020cv02221 |
| May 8, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| EDWARD G SMITH |
| Habeas Corpus: (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 4 Case transferred in from District of Pennsylvania Middle; Case Number 3:20-cv-00767. Original file certified copy of transfer order and docket sheet received. |
Filing 3
ORDER Based on the courts memorandum issued this same day, IT IS HEREBY ORDERED THAT:(1) The defendant Liza Robless Motion for Immediate Release to Home Confinement, (Doc. 338), is construed as an emergency petition for writ of habeas corpus pursuant to 28 U.S.C. 2241.(2) The clerk of court is directed to docket Robless Doc. 338 motion as a 2241 habeas petition and to assign it a separate civil number. Due to the immediate request for relief sought, the clerk of court is directed forgo the thirty-day administrative order requiring Robles to pay the filing fee for a habeas petition, as that can be addressed in the proper jurisdictional court.(3) The clerk of court is then directed to forthwith transfer Robless habeas petition to the U.S. District Court for the Eastern District of Pennsylvania.(4) To the extent Robless Doc. 338 motion can be construed a motion for compassionate release, it is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction since she has failed to comply with 3582(c)(1)(A)s exhaustion requirement.(5) To the extent Robless Doc. 338 motion can be alternatively construed as a motion for immediate release to home confinement under the CARES Act, it is DISMISSED since the court lacks authority to grant such relief under the Act.(6) Robless letter motion to the court seeking the appointment of counsel with respect to her motion, (Doc. 338 at 17), is DENIED without prejudice.Signed by Honorable Malachy E Mannion on 05/08/2020. (lp) [Transferred from Pennsylvania Middle on 5/12/2020.]
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| Filing 2 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Malachy E Mannion on 05/08/2020. (lp) [Transferred from Pennsylvania Middle on 5/12/2020.] |
| Filing 1 EMERGENCY PETITION/MOTION for Compassionate Release,filed by Liza Robles.(lp) [Transferred from Pennsylvania Middle on 5/12/2020.] |
| DOCKET ANNOTATION: Memorandum and Order mailed to Petitioner (lp) [Transferred from Pennsylvania Middle on 5/12/2020.] |
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| Respondent: Warden/Superintendent of Federal Detention Center-Philadelphia | |
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| Petitioner: Liza Robles | |
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