Taylor v. Superintendent of FCI-Hazleton

Filing 4

ORDER (memorandum filed previously as separate docket entry) Based on the courts memorandum issued this same day, IT IS HEREBY ORDERED THAT:(1) The defendant Stephani Taylors letter Motion for Immediate Release to Home Confinement, (Doc. 80), is construed as an emergency petition for writ of habeas corpus pursuant to 28 U.S.C. §2241.(2) The clerk of court is directed to docket Taylors Doc. 80 motion as a §2241 habeas petition and to assign it a separate civil number. Due to the immediate request for relief sought, the clerk of court is directed forgo the thirty-day administrative order requiring Taylor to pay the filing fee for a habeas petition, as that can be addressed in the proper jurisdictional court.(3) The clerk of c ourt is then directed to forthwith transfer Taylors habeas petition to the U.S. District Court for the Northern District of West Virginia.(4) To the extent Taylors Doc. 80 motion could be alternatively construed as a motion for compassionate release, it is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction since she has failed to comply with §3582(c)(1)(A)s exhaustion requirement.(5) To the extent Taylors Doc. 80 motion could be alternatively construed as a motion for immediate release to home confinement under the CARES Act, it is DISMISSED since the court lacks authority to grant such relief under the Act.s/ Malachy E. Mannion MALACHY E. MANNIONUnited States District JudgeDATE: April 30, 2020 Signed by Honorable Malachy E Mannion on 04/30/2020. (lp) [Transferred from Pennsylvania Middle on 5/1/2020.]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA

:
:

CRIMINAL NO. 3:18-282

:

(JUDGE MANNION)

v.
STEPHANI TAYLOR,
:
Defendant
:

ORDER
Based on the court’s memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1) The defendant Stephani Taylor’s letter Motion for Immediate Release
to Home Confinement, (Doc. 80), is construed as an emergency
petition for writ of habeas corpus pursuant to 28 U.S.C. §2241.
(2) The clerk of court is directed to docket Taylor’s Doc. 80 motion as a
§2241 habeas petition and to assign it a separate civil number. Due to
the immediate request for relief sought, the clerk of court is directed
forgo the thirty-day administrative order requiring Taylor to pay the
filing fee for a habeas petition, as that can be addressed in the proper
jurisdictional court.

(3) The clerk of court is then directed to forthwith transfer Taylor’s habeas
petition to the U.S. District Court for the Northern District of West
Virginia.
(4) To the extent Taylor’s Doc. 80 motion could be alternatively construed
as a motion for compassionate release, it is DISMISSED WITHOUT
PREJUDICE for lack of jurisdiction since she has failed to comply with
§3582(c)(1)(A)’s exhaustion requirement.
(5) To the extent Taylor’s Doc. 80 motion could be alternatively construed
as a motion for immediate release to home confinement under the
CARES Act, it is DISMISSED since the court lacks authority to grant
such relief under the Act.

s/ Malachy

E. Mannion

MALACHY E. MANNION
United States District Judge
DATE: April 30, 2020
18-282-01-Order

-2-