Williams v. Bureau of Prisons
| Daryl Williams |
| Bureau of Prisons |
| 1:2024cv00026 |
| January 17, 2024 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Mary S McElroy |
| Habeas Corpus (Prison Condition) |
| 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 January 31, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER: The petitioner seeks a writ of habeas corpus challenging his termination from a halfway house placement in Pawtucket, Rhode Island. He is in the custody of the United States Bureau of Prisons (BOP), which apparently has returned him to prison for possessing a photograph displaying nudity, in violation of BOP regulations. https://www.bop.gov/locations/institutions/bry/bry_ao_handbook.pdf?v=1.0.0, at 7. The plaintiff contends the regulation violates his First Amendment right of expression. Mr. Williams is currently housed at a detention facility in Central Falls, Rhode Island, presumably awaiting further proceedings. A habeas petition is properly addressed to the person who has custody over [the petitioner,] Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004). The Bureau of Prisons lists New York Residential Reentry Management as Mr. Williams location, and that appears to be the entity with custodial control. Because that custodian is not in the District of Rhode Island, this court lacks habeas jurisdiction over this case. The court finds that it is in the interest of justice to transfer this case to its appropriate judicial district, the United States District Court for the Southern District of New York. The Warden, New York Regional Reentry Office is substituted as the sole respondent. Pursuant to 28 U.S.C. 1631, the clerk shall transfer this action to the United States District Court for the Southern District of New York. So Ordered by District Judge Mary S. McElroy on 1/31/2024. (Potter, Carrie)
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| DOCKET NOTE: Case extracted and sent to the Southern District of New York on 1/31/2024 (Potter, Carrie) |
| Filing 5 SUPPLEMENTAL MEMORANDUM by Daryl Williams in support of #1 PETITION for Writ of Habeas Corpus. (Attachments: #1 Envelope)(Hill, Cherelle) |
| Filing 4 Civil Cover Sheet filed by Daryl Williams. Regarding New Case: #1 PETITION for Writ of Habeas Corpus. (Attachments: #1 Envelope)(Hill, Cherelle) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Daryl Williams. (Attachments: #1 Envelope)(Hill, Cherelle) |
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Filing 2
ORDER entered directing the petitioner to pay the habeas corpus filing fee in the amount of $5.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 2/7/2024. So Ordered by District Judge Mary S. McElroy on 1/17/2024. (DaCruz, Kayla)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Daryl Williams. (Attachments: #1 Envelope) (DaCruz, Kayla) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (DaCruz, Kayla) |
| CORRECTIVE DOCKET ENTRY Regarding: #1 PETITION for Writ of Habeas Corpus. This case has been electronically filed and processed, however, after a quality control review the following deficiencies were found: Civil Cover Sheet not attached. The filer is directed to file a Civil Cover Sheet. (DaCruz, Kayla) |
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| Petitioner: Daryl Williams | |
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| Respondent: Bureau of Prisons | |
| Represented By: | Bethany N. Wong |
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