Case: Sweeney v. Herrera

PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Ronald S.W. Lew and referred to Magistrate Judge John E. McDermott,(Filing fee $ due), filed by petitioner Daniel Sweeney. (esa) (Entered: 05/11/2020)

EMERGENCY PETITION for Relief for Injunctive and Declaratory Relief for Release from Custody due to risk of exposure and imminent death from Covid-19/Corona virus due to conditions of confinement at Orion House RRC filed by petitioner Daniel Sweeney. (esa) (Entered: 05/11/2020)

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Ronald S.W. Lew and referred to Magistrate Judge John E. McDermott, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (esa) (Entered: 05/11/2020)

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Cormac J. Carney for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-04247 CJC(JEM). (rn) (Entered: 05/12/2020)

NOTICE OF APPEARANCE of Assistant United States Attorney Susan S. Har on behalf of Respondents Kim Beakey, Juan Herrera. (Attorney Susan S Har added to party Kim Beakey(pty:res), Attorney Susan S Har added to party Juan Herrera(pty:res))(Har, Susan) (Entered: 05/13/2020)

Supplemental Exhibits and Affidavit in Support of Emergency Petition for Writ of Habeas Corpus (2241) 2 Filed filed by Petitioner Daniel Sweeney. (es) (Entered: 05/14/2020)

MINUTES (IN CHAMBERS) ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge John E. McDermott: The Court is in receipt of Petitioner's Declaration in Support of Request to Proceed In Forma Pauperis filed with the Petition for Writ of Habeas Corpus on May 11, 2020. The request is GRANTED. (es) (Entered: 05/19/2020)

ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS AND INSTRUCTIONSGOVERNING FURTHER PROCEEDINGS (FEDERAL CUSTODY) by Magistrate Judge John E. McDermott. that Respondent Kim Beakey file Answer to the Petition not later than 6/16/2020; Juan Herrera file Answer to the Petition not later than 6/16/2020. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 6/16/2020. (Attachments: # 1 Petition, # 2 Consent) (es) (Entered: 05/19/2020)

1 Petition

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2 Consent

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NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondents Kim Beakey, Juan Herrera. (Attachments: # 1 Declaration) (Har, Susan) (Entered: 05/27/2020)

1 Declaration

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CERTIFICATE OF SERVICE filed by Respondents Kim Beakey, Juan Herrera, re NOTICE OF MOTION AND MOTION to Dismiss Case 9 served on May 28, 2020. (Har, Susan) (Entered: 05/28/2020)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case 9 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) (Entered: 05/28/2020)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) 10 . The following error(s) was/were found: Title page is missing. Other error(s) with document(s): Pursuant to Local Rule 11-3.8, the filer should prepare a separate title page. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) (Entered: 05/29/2020)

CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), (Attachments: # 1 Certificate of Service)(Har, Susan) (Entered: 06/04/2020)

1 Certificate of Service

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ORDER GRANTING RESPONDENTS' MOTION TO DISMISS 9 AND DISMISSING PETITIONER'S EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS 2 by Judge Cormac J. Carney. For the foregoing reasons, Respondents' motion to dismiss is GRANTED, and this action is DISMISSED for lack of jurisdiction. Nothing in this Order prohibits Petitioner from asserting these claims in a civil rights action or from seeking compassionate release under 18 U.S.C. ยง 3582(c)(1)(A) from the BOP and sentencing Court. (lom) (Entered: 06/09/2020)

JUDGMENT by Judge Cormac J. Carney. The Court hereby ORDERS that: 1. Respondents' motion to dismiss is GRANTED. 2. The Petition is DISMISSED WITHOUT PREJUDICE, as set out in the Court's concurrently issued Order 14 . (MD JS-6, Case Terminated). (lom) (Entered: 06/09/2020)