Costello v. UNITED STATES OF AMERICA
| Michael J. Costello |
| UNITED STATES OF AMERICA |
| 3:2020cv00771 |
| May 11, 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 |
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Filing 3
ORDER (memorandum filed previously as separate docket entry)IT IS HEREBY ORDERED THAT:(1) The defendant Michael Costellos letter Motion for Compassionate Release or for Reduction of Sentence and for Immediate Release to Home Confinement, (Doc. 93), 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 defendants Doc. 93 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 defendant 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 defendants habeas petition to the U.S. District Court for the District of Minnesota.(4) To the extent defendants Doc. 93 motion can be construed a motion for compassionate release, it is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction since he has failed to comply with 3582(c)(1)(A)s exhaustion requirement.(5) To the extent defendants Doc. 93 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.Signed by Honorable Malachy E Mannion on 05/11/2020. Memorandum and Order mailed this day to petitioner.(lp) Modified on 5/11/2020 (lp).
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| Filing 2 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Malachy E Mannion on 05/11/2020. (lp) |
| Filing 1 PETITION for Writ of Habeas Corpus/Motion for a Compassionate Release was lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Michael J. Costello.(lp) Modified on 5/11/2020 (lp). |
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| Respondent: UNITED STATES OF AMERICA | |
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| Petitioner: Michael J. Costello | |
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