Berry v. Reherman
| Sally Berry |
| Warden Federal Prison Camp Alderson WV |
| 1:2020cv00294 |
| April 27, 2020 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 4 CASE TRANSFERRED IN from the Pennsylvania Middle; Case Number 3:20-cv-00701. Original file certified copy of transfer order and docket sheet received. |
Filing 3
ORDER (memorandum filed previously as separate docket entry) (1) The defendant Sally A. Berrys letter Motion for Immediate Release toHome Confinement, based on COVID-19 is construed as anemergency petition for writ of habeas corpus pursuant to 28 U.S.C.2241.(2) The clerk of court is directed to docket Berrys motion as a2241 habeas petition and to assign it a separate civil number. Due tothe immediate request for relief sought, the clerk of court is directedforgo the thirty-day administrative order requiring Berry to pay the filingfee for a habeas petition, as that can be addressed in the properjurisdictional court. (3) The clerk of court is then directed to forthwith transfer Berrys habeaspetition to the U.S. District Court for the Southern District of WestVirginia.(4) To the extent Berrys Doc. 36 motion could be alternatively construedas a motion for compassionate release, it is DISMISSED WITHOUTPREJUDICE for lack of jurisdiction since she has failed to comply with3582(c)(1)(A)s exhaustion requirement.Signed by Honorable Malachy E Mannion on 04/27/2020. (jw) [Transferred from Pennsylvania Middle on 4/27/2020.]
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| Filing 2 MEMORANDUM (Order to follow as separate docket entry) re #1 Petition for Writ of Habeas Corpus filed by Sally Berry Signed by Honorable Malachy E Mannion on 04/27/2020. (jw) [Transferred from Pennsylvania Middle on 4/27/2020.] |
| Filing 1 EMERGENCY PETITION for Writ of Habeas Corpus filed by Sally Berry. (Petition is titled as Motion for Release from Custody and was originally filed in criminal case 1:18cr430. Please see Memorandum and Order at Documents #2 & 3.)(jw) [Transferred from Pennsylvania Middle on 4/27/2020.] |
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| Petitioner: Sally Berry | |
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| Respondent: Warden Federal Prison Camp Alderson WV | |
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