Taylor v. Superintendent of FCI-Hazleton
| Stephani Taylor |
| Superintendent of FCI-Hazleton |
| 3:2020cv00726 |
| April 30, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Malachy E Mannion |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| DOCKET ANNOTATION: Case transferred from Pennsylvania Middle has been opened in Northern District of West Virginia as case 5:20-cv-00089, filed 05/01/2020. (jw) |
Filing 4
ORDER (memorandum filed previously as separate docket entry) Based on the courts memorandum issued this same day, IT IS HEREBY ORDERED THAT:(1) The defendant Stephani Taylors letter Motion for Immediate Release to Home Confinement, (Doc. 80), 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 Taylors Doc. 80 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 Taylor 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 Taylors habeas petition to the U.S. District Court for the Northern District of West Virginia.(4) To the extent Taylors Doc. 80 motion could be alternatively construed as 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 Taylors Doc. 80 motion could 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.s/ Malachy E. Mannion MALACHY E. MANNIONUnited States District JudgeDATE: April 30, 2020 Signed by Honorable Malachy E Mannion on 04/30/2020. (lp)
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| Filing 3 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Malachy E Mannion on 04/30/2020. (lp) |
| Filing 2 Government's Brief in Opposition to Petitioner's petition for writ of habeas corpus for compassionate release by Superintendent of FCI-Hazleton.(lp) |
| Filing 1 PETITION for Writ of Habeas Corpus for Compassionate Release lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Stephani Taylor.(lp) |
| DOCKET ANNOTATION: Case electronically transferred to the Northern District of West Virginia. (ao) |
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| Petitioner: Stephani Taylor | |
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| Respondent: Superintendent of FCI-Hazleton | |
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