Jackson v. White
| 3:2020cv00919 |
| June 5, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
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| Document Text |
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Filing 7
ORDER IT IS HEREBY ORDERED THAT:1.Jacksons Motions for Compassionate Release from Prison and Transfer to Home Confinement because of the COVID-19 pandemic, will be construed by the court as a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, (Docs. 51, 53 & 55). The Clerk will be directed to open these filings as a separate civil case and forward to the petitioner the appropriate paperwork for the filing of such an action, including the payment of the appropriate filing fee, or presentation of an application to proceed in forma pauperis. The petition is DISMISSED WITHOUT PREJUDICE due to his failure to exhaust his BOP administrative remedies under 28 C.F.R. 542.10, et seq. The clerk is then directed to close the case.2.To the extent that Jacksons filings are considered as a motion for compassionate release, they will be considered appropriately filed in this criminal case and are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction due to his failure to exhaust his BOP administrative remedies under 3582(c)(1)(A)(i).3.Insofar as Jackson is challenging the decision by the BOP that he is not eligible for home confinement designation under the CARES Act, his petition is DISMISSED since the authority to make this determination lies with the BOP Director and not the court.4.Jacksons Motion for Appointment of Counsel, (Doc. 52), and his motion for oral argument, (Doc. 56), are DENIED. SIGNED BY MALACHY E. MANNION, UNITED STATES DISTRICT JUDGE on June 5, 2020.
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| Filing 6 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Malachy E Mannion on 06/05/2020. (lp) |
| Filing 5 MOTION for oral argument by Trevor Jackson.(lp) Modified on 6/5/2020 (lp). (Criminal Doc. 56). |
| Filing 4 MOTION to Appoint Counsel by Trevor Jackson.(lp) Modified on 6/5/2020 (lp). (Criminal Doc. 52). |
| Filing 3 MOTION for Release due to COVID19 by Trevor Jackson.(lp) Modified on 6/5/2020 (lp). (Criminal Doc. 55). |
| Filing 2 MOTION for Compassionate Release by Trevor Jackson.(lp) Modified on 6/5/2020 (lp). (Criminal Doc. 53) |
| Filing 1 Motion for Compassionate Release/Petition for Habeas Corpus, filed by Trevor Jackson. (Criminal Doc. 51).(lp) |
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