Summary
The United States District Court for the District of New Jersey addresses a § 2241 habeas petition challenging the petitioner’s detention, along with requests for an order to show cause and a temporary restraining order. The court denies the order-to-show-cause request without prejudice, directs the respondents to answer under the Habeas Rules, and grants the TRO solely to prohibit the petitioner’s transfer from his current New Jersey detention facility during the proceedings.
Holdings
- Rule 4 of the Habeas Rules, applicable to § 2241 proceedings through Rule 1(b), provides the court with flexible time limits for ordering an answer and supersedes the conflicting response-time provisions of 28 U.S.C. § 2243. The request for an order to show cause under § 2243 was therefore denied without prejudice, while Respondents were ordered to answer under the Habeas Rules.
- The court granted the motion for a temporary restraining order solely to the extent that Respondents were enjoined from transferring Petitioner from his current detention facility in New Jersey during the pendency of the proceedings.
Questions Presented
- Whether the court was required to issue an order to show cause under the three-day response period in 28 U.S.C. § 2243 or could apply the more flexible response procedures authorized by Rule 4 of the Habeas Rules.
- Whether Petitioner was entitled to a temporary restraining order preventing his transfer from his current detention facility in New Jersey.
- What responsive pleadings and records Respondents were required to file in response to the § 2241 petition.
Disposition
other
Cases Cited (12)
- Iremashvili v. Rodriguez, No. 15-6320, 2017 WL 935441, at *2 (D.N.J. Mar. 9, 2017)(followed)
- Capozzi v. Federal Bureau of Prisons, No. 21-19533, 2021 WL 5881587, at *1 (D.N.J. Dec. 13, 2021)(followed)
- Schumaker v. Knight, 23-20834, 2024 WL 866347, at *1 (D.N.J. Feb. 29, 2024)(followed)
- Sempier v. Johnson & Higgins, 45 F.3d 724, 736 (3d Cir. 1995)(followed)
- United States v. Christian, 660 F.2d 892, 899 (3d Cir. 1981)(followed)
- Penfield Co. of California v. SEC, 330 U.S. 585, 589 n.5 (1947)(followed)
- International Foodsource, LLC v. Grower Direct Nut Co., No. 16-3140, 2016 WL 4150748, at *6 (D.N.J. Aug. 3, 2016)(followed)
- Westchester Fire Insurance Co. v. Global Real Construction, LLC, No. 09-0207, 2009 WL 137414, at *1 (D.N.J. Jan. 20, 2009)(followed)
- Kos Pharmaceuticals, Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004)(followed)
- Spectrum Produce Distributors, Inc. v. Fresh Marketing, Inc., No. 11-6368, 2011 WL 13063669, at *2 (D.N.J. Nov. 1, 2011)(followed)
Showing top 10 of 12.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…