Totaro v. United States of America

Filing 20

SECOND ORDER OF TRANSFER AND PARTIALLY VACATING 10 Order of Transfer to Other District. Signed by U.S. District Judge Roberto A. Lange on 10/10/2019. (DJP) Mailed to Plaintiff on 10/10/2019 (DJP).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

RONALD N. TOTARO,

4:I9-CV-04057-RAL

Plaintiff,
SECOND ORDER OF TRANSFER AND
PARTIALLY VACATING PRIOR ORDER

vs.

UNITED STATES OF AMERICA,
Defendant.

On August 13, 2019, this Court issued an Opinion and Order Transferring Case, Doc. 10,
by which this Court ordered transfer of the case to the United States District Court for the District

of New Jersey, where Totaro was incarcerated. Totaro filed a Notice of Appeal on September 16,
2019. Doc. 12.

On October 8, 2019, the United States Court of Appeal entered a Judgment in the appeal

granting the United States' unopposed motion for remand and remanding the case to this Court
"with directions to vacate the order construing Totaro's petition under 28 U.S.C. § 2241 and
transfer the matter to Totaro's district of confinement." Doc. 18. The mandate of the appellate
court then entered on October 8, 2019, as well. Doc. 19. This Court had transferred the case to

Totaro's district of confinement. Reading the Defendant's Unopposed Motion for Remand filed

with the Eighth Circuit, Defendant believes that the petition should be construed as a post-First

Step Act motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), and the Eighth
Circuit appears to agree. Therefore, it is hereby

1

ORDERED that the Opinion and Order Transferring Case, Doc. 10, is vacated in part to
the extent that this Court viewed the petition as being filed under 28 U.S.C. § 2241. It is further
ORDERED that this case is once again transferred to the United States District Court for
the District of New Jersey, the "district of confinement" ofTotaro. It is further
ORDERED that this case be administratively closed in the District of South Dakota.

DATED this

day of October, 2019.
BY THE COURT:

ROBERTO A. LANGE*
UNITED STATES DISTRICT JUDGE