TURNER v. JOHNSON et al

Filing 68

MEMORANDUM AND ORDER that Plaintiff's motion is granted in part and adjourned in part to allow further briefing; Plaintiff's motion to be transferred to East Jersey State Prison is denied; the State shall respond to Plaintiff's motion that his personal property be returned to him by 5/16/2019; Plaintiff may submit a reply to the States brief no later than 6/15/2019. Signed by Judge Peter G. Sheridan on 4/16/2019. (jem)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JUAN IBN-DON MUMIT TURNER,
Civil Action No.
3:1 7-cv-054 1 (PGS) (TJB)

Plaintiff,

MEMORANDUM
AND ORDER

v.
STEVEN JOHNSON, et al.,
Defendants.

SHERIDAN, U.S.D.J.
This matter comes before the Court on a motion filed by Plaintiff Juan Ibn-Don Mumit
Turner. The motion seeks relief on two matters. The first is a “motion to be transferred by court
order to East Jersey State Prison in Rahway, New Jersey.” The second requests that the Court
direct the State of New Jersey to ship his property from Florida, where he was formerly
incarcerated, and to return his property to him, including his mini-tablet (ECF No. 61). The State
of New Jersey (“the State”) has filed an opposition to Plaintiff’s motion to transfer; but nothing
was submitted on the motion to return his property, including his mini-tablet, from Florida.
Prison Transfer
“The Constitution does not.

.

.

guarantee that the convicted prisoner will be placed in any

particular prison, if, as is likely, the State has more than one correctional institution.” Meachum v.
Fano, 427 U.S. 215, 224 (1976). “Although the NJDOC does have policies regarding custodial
placements, these policies and the Due Process Clause do not give an inmate a liberty interest in
being housed in a particular institution or at a particular custody level.” Chavarriaga v. N.J. Dept.

ofCorrections, 806 F.3d 210 (3d Cir. 2015). Ordinarily, [T]he federal courts do not sit to supervise
State prisons,” especially for transfers requested by inmates. See, Gibson v. Lynch, 652 F.2d 348,

354 (3d Cir. 1981). Plaintiffs motion to transfer is denied.
Return of Property
The second aspect of Plaintiffs motion involves his request for the return of his personal
property including his mini-tablet. This motion was mentioned in the body of Plaintiffs papers,
but it was easy to overlook when the transfer motion was emphasized. As such, the State should
have an opportunity to respond. The State shall file a brief within 30 (thirty) days of this Order.
ORDER

This matter, having come before the Court on motion by the Plaintiff to be transferred to
East Jersey State Prison and to return documents and a tablet seized from him, for the reasons set
forth in this written opinion and for good cause shown;
IT IS on this 16th day of April;
ORDERED that Plaintiffs motion is granted in part and adjourned in part to allow
further briefing; and it is further
ORDERED that Plaintiffs motion to be transferred to East Jersey State Prison is denied;
and it is further
ORDERED that the State shall respond to Plaintiffs motion that his personal property
be returned to him by May 16, 2019; and it is further
ORDERED that Plaintiff may submit a reply to the State’s brief no later than June 15,
2019.

PETER G. SHERIDAN, U.S.D.J.