The court granted Respondent's motion to convert the § 2241 petition to § 2254, and afforded Petitioner an opportunity to withdraw the Petition or respond to Respondent’s exhaustion argument. Where, as here, a state prisoner is challenging the execution of his sentence and seeks immediate release from custody due to the conditions of his confinement, his claim is properly brought under § 2254 rather than § 2241. § 2254 has stricter exhaustion requirements, and petitioner allegedly did not exhaust. The court rejected Government's claim that relief should be bought under 42 U.S.C. § 19853, as §1983 does not cover petitioner's in state custody seeking release as a sole remedy to conditions of confinement. The court also denied Petitioner's motions for preliminary injunction and TRO because, due to lack of exhaustion, he was not likely to succeed on the merits.
Madison v. Wolcott, 2020 WL 3100857, No. 20-cv-6267 (FPG), (W.D.N.Y. June, 11 2020)
DETAILS
Decision
Date
06/11/2020
Practice Area
Criminal (State Charges)
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Attempted fourth-degree criminal possession of a controlled substance
Case Status
Decision Made
Motions Partially Granted
Granted Respondent's conversion of petition from §2241 to §2254 but denied Petitioner's other motions for TRO and PI.
COVID-19 in Jail Prison or Detention Center
Not Discussed
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