The Court denied the motion to temporarily revoke Petitioner’s detention because it did not have jurisdiction on the grounds that it was a second or successive petition. Id. at 5. The Court transferred the Rule 60(b) motion for relief from judgement to the United States Court of Appeals for authorization to file a second or successive habeas petition. The case was reopened to the Court’s active docket and the Court explicitly state that "the denial is without prejudice to Petitioner seeking other forms of relief in federal court from the conditions of his confinement. " Id. at 6.
Marion v. Woods, No. 2:12-cv-13127-VAR-LJM, Dkt. No. 74 (E.D. Mich. May 29, 2020).
Criminal (State Charges)
Bond Hearing, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Vacatur, Release, Remand to District Court (for release)
Type of Court
Federal District Court
Type of Court
State Appellate Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2254 Habeas, Fed. R. Civ. P. 60(b)
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Cardiac Disease, Depression, Diabetes, Hepatitis, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Liver Disease, Lung Disease, Malnutrition, Other, Recent surgeries, and persistent pain and vision complications.
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.