The court granted the prison superintendent's motion to convert the petitioner's motion from a § 2254 habeas petition to a § 2241 habeas petition. Although the court acknowledged that at least one other court in the Circuit has allowed state court prisoners to challenge conditions of confinement under § 2241, it nevertheless held that § 2241 does not permit such a claim. The court gave the Petitioner the ability to withdraw without prejudice because the conversion makes any subsequent § 2254 petition that he brings subject to the restrictions on ‘second’ or ‘successive’ motions set forth in 28 U.S.C. § 2254(b).
Dafoe v. Wolcott, 20-cv-06269, No. 8 (W.D.N.Y.)
DETAILS
Decision
Date
5/26/2020
Practice Area
Criminal (State Charges)
Relief Requested
Improved Conditions, Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a disciplinary history
Case Tracking Number
20-cv-6269-EAW
MORE CASE INFORMATION
Court Name
E.D.N.Y.
Decision
Motion Granted
Place of Incarceration
State Prison
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
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., Other, Exhaustion requirement upheld
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