Taylor v. Superintendent of FCI-Hazleton
||April 30, 2020
||US District Court for the Northern District of West Virginia
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2241 Petition for Writ of Habeas Corpus (Federal)
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|April 30, 2020
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 c ourt 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) [Transferred from Pennsylvania Middle on 5/1/2020.]
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