Adorno v. Nessigner
Filing
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ORDER: IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. The Government's deadline to file a letter detailing the dates on which Petitioner was transferred from Wyatt Detention Facility in Rhode Island to the RRM Center in New York and proposing appropriate next steps is ADJOURNED nunc pro tunc from Friday, January 24, 2025, to Friday, February 7, 2025. IT IS FURTHER ORDERED that the Clerk is respectfully directed to mail a copy of this Order and the Court's prior Order at Dkt. 7 to Hector Adorno, Register No. 91044-038, USP Florence High, U.S. Penitentiary, P.O. BOX 7000, Florence, CO 81226. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/27/2025) (rro) Transmission to Pro Se Assistants for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 1/27/2025
HECTOR ADORNO,
Petitioner,
24-CV-9760 (VEC)
-against-
ORDER
WARDEN MICHAEL NESSINGER,
Respondent.
VALERIE CAPRONI, United States District Judge:
WHEREAS on November 21, 2024, Petitioner placed a Petition for a Writ of Habeas
Corpus Under 28 U.S.C. § 2241 in the prison mail system, which was processed and filed in the
United States District Court for the District of Rhode Island on November 27, 2024, see Dkt. 1;
WHEREAS Petitioner was incarcerated and serving a sentence at Wyatt Detention
Facility in Central Falls, Rhode Island, and filed a Motion Requesting an Order to Remain at
Wyatt Detention Facility pending resolution of his Petition, see Dkt. 2;
WHEREAS Petitioner brings a due process challenge to a disciplinary proceeding that
occurred while he was incarcerated at Wyatt Detention Facility and seeks vacatur of the
disciplinary actions taken as a result of that proceeding and immediate release from custody, see
Dkt. 1;
WHEREAS, at some point after Petitioner mailed the Petition, he was transferred to a
Residential Re-entry Management (“RRM”) Center located in New York, New York, and his
Petition was transferred to this Court, see Text Order at Dkt. 3;
WHEREAS Petitioner was then transferred to FTC Oklahoma City, located in Oklahoma
City, Oklahoma, and was in custody there as of January 6, 2025;
WHEREAS Petition is now in custody at United States Penitentiary, Florence High,
located in Florence, Colorado;
WHEREAS the “general rule in regard to personal jurisdiction under Section 2241 is that
the writ may only issue within the district where the petitioner is ‘in custody,’” Ramirez v.
United States, No. 05CIV.2692(RMB)(KNF), 2007 WL 2729019, at *3 (S.D.N.Y. Sept. 14,
2007) (quoting United States ex rel. Rudick v. Laird, 412 F.2d 16, 20 (2d Cir. 1969));
WHEREAS Section 2241 limits a district court’s jurisdiction to adjudicate “a prisoner’s
petition for habeas corpus to those situations where the prisoner both is physically present in the
court’s territorial jurisdiction and is detained or held in custody within that jurisdiction,” and a
court lacks “power to issue a writ unless the person who has custody of a petitioner is within
reach of the court’s process,” Laird, 412 F.2d at 20–21 (emphasis added); and
WHEREAS Petitioner’s 2241 petition is deemed to have been filed on the day it was
placed into the prison mail system, see Noble v. Kelly, 246 F.3d 93, 97–98 (2d Cir. 2001), which
was November 21, 2024; and
WHEREAS on January 6, 2025, the Court ordered the Clerk of Court to notify the Civil
Division of the U.S. Attorney’s Office for the Southern District of New York of this matter and
to mail a copy of that Order to Petitioner at FTC Oklahoma City, but the Government was not
notified, see Dkt. 7;
IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to
electronically notify the Civil Division of the U.S. Attorney’s Office for the Southern District of
New York that this Order has been issued. The Government’s deadline to file a letter detailing
the dates on which Petitioner was transferred from Wyatt Detention Facility in Rhode Island to
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the RRM Center in New York and proposing appropriate next steps is ADJOURNED nunc pro
tunc from Friday, January 24, 2025, to Friday, February 7, 2025.
IT IS FURTHER ORDERED that the Clerk is respectfully directed to mail a copy of this
Order and the Court’s prior Order at Dkt. 7 to Hector Adorno, Register No. 91044-038, USP
Florence – High, U.S. Penitentiary, P.O. BOX 7000, Florence, CO 81226.
SO ORDERED.
Dated: January 27, 2025
New York, New York
VALERIE CAPRONI
United States District Judge
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