Alvarez v. Bradley

Filing 12

MEMORANDUM OPINION - By separate order, the Court will dismiss Ms. Alvarez's habeas petition. Because the Court is dismissing this matter, Ms. Alvarez's motion for preliminary injunction and TRO, (Doc. 8 ), is moot. Signed by Judge Madeline Hughes Haikala on 7/16/2021. (KEK)

FILED
2021 Jul-16 PM 02:38
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
ROSALINDA TREVINO ALVAREZ, )
)
Petitioner,
)
)
v.
)
)
CHAD GARRETT,
)
)
Respondent.
)

Case No. 7:20-cv-1225-MHH-SGC

MEMORANDUM OPINION
On June 22, 2021, the magistrate judge entered a report, (Doc. 11), in which
she recommended that the Court dismiss Rosalinda Trevino Alvarez’s petition for a
writ of habeas corpus brought pursuant to 28 U.S.C. § 2241, (Doc. 1), and deny Ms.
Alvarez’s motion for preliminary injunction and TRO, (Doc. 8) and her motion to
amend her petition and add new evidence of medical illness, (Doc. 9). Although the
magistrate judge advised the parties of their right to file specific written objections
within 14 days, the Court has not received objections.
Having considered the materials in the Court’s electronic docket, including
the report and recommendation, the Court grants Ms. Alvarez’s motion to amend her
petition, (Doc. 9), but denies her petition for writ of habeas corpus in which she seeks
a directive for home confinement because of the threat of COVID at Aliceville FCI,
the facility where she is serving her federal sentence of incarceration. The Court

understands Ms. Alvarez’s concerns but agrees with the magistrate judge’s finding
that the vehicle for the relief Ms. Alvarez seeks is a motion for compassionate release
pursuant to 18 U.S.C. § 3582 in the sentencing court in the Western District of Texas.
If Ms. Alvarez wishes to challenge a denial of a motion for compassionate release,
she must appeal the order denying her motion in the Fifth Circuit Court of Appeals;
she may not collaterally attack the order by way of a habeas petition. By separate
order, the Court will dismiss Ms. Alvarez’s habeas petition. Because the Court is
dismissing this matter, Ms. Alvarez’s motion for preliminary injunction and TRO,
(Doc. 8), is moot.
DONE and ORDERED this July 16, 2021.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE