WHITESIDE v. FORT DIX FEDERAL PRISON

Filing 28

MEMORANDUM ORDER Granting Petitioner's 19 Motion for the appointment of counsel;Directing appointed counsel to file a response within 21 days of his or her appointment, etc. Signed by Judge Noel L. Hillman on 11/17/2020. (rss,n.m. )

Case 1:20-cv-05544-NLH Document 28 Filed 11/17/20 Page 1 of 3 PageID: 472

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
ROBERT EDWARD WHITESIDE,
:
:
Petitioner,
:
Civ. No. 20-5544 (NLH)
v.
:
:
MEMORANDUM ORDER
FORT DIX FEDERAL PRISON,
:
:
Respondent.
:
______________________________:
APPEARANCES:
Robert Edward Whiteside
59278-056
Fort Dix Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 2000
Joint Base MDL, NJ 08640
Petitioner Pro se
Craig Carpenito, United States Attorney
Elizabeth Ann Pascal, Assistant United States Attorney
Office of the U.S. Attorney
401 Market Street
P.O. Box 2098
Camden, NJ 08101
Counsel for Respondent
HILLMAN, District Judge
WHEREAS, Petitioner Robert Edward Whiteside brings this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241
asking to be released to home confinement due to the coronavirus
COVID-19 pandemic, see ECF No. 1; and

Case 1:20-cv-05544-NLH Document 28 Filed 11/17/20 Page 2 of 3 PageID: 473

WHEREAS, the United States opposes the petition, ECF No.
16; and
WHEREAS, on November 2, 2020, Petitioner filed a letter
with the Court stating the Bureau of Prisons transferred 60
inmates from FCI Elkton to FCI Fort Dix.

ECF No. 23.

FCI

Elkton was identified by Attorney General William Barr as being
particularly hard-hit by COVID-19, Memorandum for Director of
Bureau of Prisons, Apr. 3, 2020, available at
https://www.justice.gov/file/1266661/download (last visited Nov.
2, 2020) (“April 3 Memorandum”); and
WHEREAS, Petitioner reports that the prisoners from Elkton
were placed in a unit that later had 10 inmates test positive
for COVID-19, ECF No. 23 at 2; and
WHEREAS, Petitioner states 4 Elkton inmates were
transferred into Petitioner’s unit, id.; and
WHEREAS, in a supplemental filing ordered by the Court, the
United States denies that any prisoners from FCI Elkton were
transferred into Petitioner’s unit, ECF No. 26; and
WHEREAS, Petitioner requests the appointment of counsel.
ECF No. 19.

the Court finds that it would be beneficial to have

counsel appointed; and
WHEREAS, the Court finds Petitioner to be financially
eligible for the appointment of counsel as he was represented by
the Federal Public Defender during his criminal proceedings; and
2

Case 1:20-cv-05544-NLH Document 28 Filed 11/17/20 Page 3 of 3 PageID: 474

WHEREAS, appointed counsel shall file a response within 21
days of his or her appointment addressing whether Petitioner has
shown the required standing to challenge the transfer of
inmates,
Therefore, IT IS on this

17th

day of November, 2020,

ORDERED that Petitioner’s motion for the appointment of
counsel, ECF No. 19, is granted.

18 U.S.C. § 3006A(2)(B); and

it is further
ORDERED that appointed counsel shall file a response within
21 days of his or her appointment addressing whether Petitioner
has shown the required standing to challenge the transfer of
inmates; and it is finally
ORDERED that the Clerk shall serve a copy of this Order on
Petitioner by regular U.S. mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

3