Richard Dzionara-Norsen v. U.S. Marshal’s Service, et al.

Summary

The United States District Court for the Western District of Pennsylvania overruled Petitioner Richard Dzionara-Norsen’s objections and adopted the Magistrate Judge’s Report and Recommendation. The court dismissed the petitioner’s § 2241 petition and supplement with prejudice as moot because he had been released from Bureau of Prisons custody, and concluded that claims concerning compassionate release and his conviction or sentence belonged before the sentencing court. The court also denied a certificate of appealability and directed that judgment follow.

Holdings

1. Petitioner’s habeas claims under § 2241 were moot because he had been released from BOP custody, leaving the court unable to provide the requested habeas relief.
2. The Western District of Pennsylvania lacked jurisdiction to grant compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) because that relief was reserved for the sentencing court.
3. Claims challenging Petitioner’s conviction or sentence had to be presented to the sentencing court through a motion under 28 U.S.C. § 2255 rather than pursued in this § 2241 proceeding.
4. No certificate of appealability was required for an appeal from the denial of Petitioner’s § 2241 petition.

Questions Presented

1. Whether Petitioner’s § 2241 claims seeking release or relief from conditions of confinement became moot after his transfer from BOP custody and subsequent release.
2. Whether the Western District of Pennsylvania had jurisdiction to grant compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), where the sentencing court was located in the Western District of New York.
3. Whether claims challenging Petitioner’s conviction or sentence could be pursued through § 2241 in this court rather than through a motion under 28 U.S.C. § 2255 in the sentencing court.
4. Whether a certificate of appealability was required for an appeal from the denial of a federal prisoner’s § 2241 petition.

Disposition

dismissed