Gadson v. Houston House
| Derrick Gadson |
| Houston House |
| 1:2023cv00328 |
| August 10, 2023 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER transferring Plaintiff's action, including his #1 Petition, to the United States District Court for the Southern District of New York. "The federal habeas statute straightforwardly provides that the proper respondent to a habeas petition is 'the person who has custody over [the petitioner].'" Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (quoting 28 U.S.C. 2242) (internal edits in original). "District Courts are limited to granting habeas relief 'within their respective jurisdictions.'" Id. at 442 (quoting 28 U.S.C. 2241(a)). Plaintiff's custodian is Patrick McFarland, who is the Residential Reentry Manager of the Neil J. Houston House, where Plaintiff now resides; Mr. McFarland is in New York, New York. See Decl. of Patrick McFarland 1, 7, ECF No. 2-1. The Houston House is a private, independent Residential Reentry Center in Pawtucket, Rhode Island, with which the Bureau of Prisons contracts to provide prerelease custody placement and monitoring for federal inmates, under the custodial control of the New York Residential Reentry Management Office. Id. 6. Because Plaintiff's custodian is in New York, New York, this Court lacks habeas jurisdiction. The more appropriate judicial district is the Southern District of New York, and the Court transfers this action there. So Ordered by District Judge William E. Smith on 9/27/2023. (Urizandi, Nissheneyra)
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| DOCKET NOTE: This case has been electronically extracted and transferred to the Souther District of New York. (Urizandi, Nissheneyra) |
| Filing 3 RESPONSE In Opposition to #2 MOTION to Dismiss for Lack of Jurisdiction filed by Derrick Gadson. Replies due by 9/29/2023. (Gonzalez Gomez, Viviana) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by Houston House. Responses due by 9/27/2023. (Attachments: #1 Affidavit McFarland Declaration, #2 Exhibit Attachment 1, J & C, #3 Exhibit Attachment 2, FSA time credits)(Rogers, Mary) |
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TEXT ORDER directing the government to respond to the #1 Petition for Writ of Habeas Corpus by 9/15/2023. So Ordered by District Judge William E. Smith on 8/15/2023. (Urizandi, Nissheneyra)
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| Filing 1 Petition for writ of habeas corpus under 28 U.S.C 2241 ( filing fee paid $ 5.00 receipt number 100000471 ), filed by Derrick Gadson. (Attachments: #1 Civil Cover Sheet)(Kenny, Meghan) Modified on 8/10/2023 to correct Petitioner name. (Kenny, Meghan). |
| CORRECTIVE DOCKET ENTRY: Case reassigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond as it is related to case 1:21-cr-00107. District Judge Mary S. McElroy, Magistrate Judge Patricia A. Sullivan no longer assigned to the case. (Kenny, Meghan) |
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| Petitioner: Derrick Gadson | |
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| Respondent: Houston House | |
| Represented By: | Mary Rogers |
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