The court dismissed the individual’s pro se petition for habeas corpus, asking to be released to a residential re-entry center or home confinement, as unexhausted, and denied his motion for release on bail pending a decision. The court found that in spite of the individual’s mental health treatment needs, listed as Care Level 1, and the finding that he is at low-risk of recidivism, the individual did not exhaust his administrative remedies. The court erred on the side of administrative discretion on the BOP’s decision not to refer him for RRC placement, based on his refusal to participate in the financial responsibility program to comply with the provisions of his financial plan. The individual was still waiting for a decision on the appeal submitted to the Regional Office and asserted that exhaustion is futile since exhaustion would take too long for his requested relief but the court instead found that “futility does not excuse Petitioner’s failure to exhaust” because he delayed the available release by not undergoing the administrative process.
Hayes v. Ortiz, 1:20-cv-05268, 2020 WL 3425291 (D.N.J. June 23, 2020)
DETAILS
Decision
Date
06/23/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-05268-NLH
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Fort Dix
Legal Authority
§ 2241 Habeas, § 2241 Habeas Exhaustion
Convictions
Conspiracy, aiding and abetting bank fraud; aiding and abetting aggravated identity theft
Case Status
Decision Made
Pre-Existing Health Conditions
Serious and Persistent Mental Illness (SPMI)
Pre-Existing Health Conditions Notes
SPMI (Care Level 1)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
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.
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