The court dismissed without prejudice the petitioner's motion for a writ of habeas corpus under 28 U.S.C §2241, seeking release under the CARES Act. The court reasoned that the petitioner had not exhausted all administrative remedies available prior to seeking habeas corpus relief, despite his having sent a letter to the warden. The petitioner's pre-existing medical conditions were mentioned but not specified in this decision, and the conditions and practices related to COVID-19 at the FCI Fort Dix were not mentioned.
Howe v. Warden, No. 20-cv-05249-RMB, Dkt. No. 8 (D.N.J. June 24, 2020)
DETAILS
Decision
Date
06/24/2020
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], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-05249-RMB
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Fort Dix
Legal Authority
CARES Act, Pub. L. No. 116-136, § 2241 Habeas
Convictions
Not specifically mentioned, but categorized as non-violent crime (see p. 2)
Case Status
Decision Made
Pre-Existing Health Conditions
Other, None specifically mentioned, but "albuterol inhaler" mentioned, so likely asthma or COPD
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.
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.