Petitioner filed a pro se habeas petition pursuant to 28 U.S.C. § 2241 and sought judgment on the pleadings and default judgment. Respondent moved to convert Cobb's petition to one brought pursuant to 28 U.S.C. § 2254 and to stay their response on the merits until after the court decided the motion to convert. The court denied petitioner's motions and granted respondent's motions.
"[Petitioner] is serving a year-and-a-half sentence for a non-violent drug offense."
Decision Made But Case Still Pending
Motions Partially Granted
The court granted Respondent's motion to convert the petition from one filed under 28 U.S.C. § 2241 to one filed under 28 U.S.C. § 2254. The court denied Petitioner's motions for judgment on the pleadings and default judgment.
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Age, Other, Substance Use Disorder, Bronchiectasis (chronic lung disease)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.