Case: Sweeney v. Herrera

2:20-cv-04247 | U.S. District Court for the Central District of California

Filed Date: May 11, 2020

Closed Date: June 8, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a pro se emergency action filed by an individual held at Orion Residential Reentry Centre for immediate release. The plaintiff, who is eligible for home confinement, alleged that continued confinement at Orion posed an unconstitutional risk to his life and health. On June 8, the district court dismissed the case for lack of jurisdiction. On May 11, an individual held at the Orion Residential Reentry Center filed a pro se action in the U.S. District Court for the Centra…

COVID-19 Summary: This is a pro se emergency action filed by an individual held at Orion Residential Reentry Centre for immediate release. The plaintiff, who is eligible for home confinement, alleged that continued confinement at Orion posed an unconstitutional risk to his life and health. On June 8, the district court dismissed the case for lack of jurisdiction.


On May 11, an individual held at the Orion Residential Reentry Center filed a pro se action in the U.S. District Court for the Central District of California. The plaintiff brought this action brought this action as a habeas petition under 28 U.S.C. under § 2241, an injunctive action, and as a declaratory action under § 2201-02. Specifically, the plaintiff alleged that his Eighth Amendment rights had been violated because his continued confinement posed an unconstitutional risk on his life and health, and that the defendants failure to provide access to basic medical care and personal protective equipment amounted to cruel and unusual punishment due to lack of social distancing and reasonable precautions against COVID-19.

The plaintiff requested immediate release with a reduction of his sentence to time-served with no modification in the term of supervised release, such that the plaintiff may be housed at his own residence. The case was assigned to District Judge Ronald S.W. Lew then referred to Magistrate Judge John E. McDermott. The following day, the case was reassigned to Judge Cormac J. Carney.

On May 27, the defendants sought to dismiss the case. The district court granted the defendant's motion to dismiss on June 8, holding that the plaintiff's claims were not cognizable under 28 U.S.C. § 2241, and that the court lacked jurisdiction to grant the plaintiffs' request for compassionate release. The court found that the request could only be submitted to the Federal Bureau of Prisons and the original sentencing court.

Summary Authors

Averyn Lee (6/15/2020)

Chandler Hart-McGonigle (11/2/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17147300/parties/daniel-sweeney-v-juan-herrera/


Judge(s)

Carney, Cormac J. (California)

Castillo, Pedro V. (California)

McDermott, John E. (California)

Pregerson, Dean D. (California)

Attorneys(s) for Defendant

Fox, Brandon D (California)

Hanna, Nicola T. (California)

Har, Susan S. (California)

Judge(s)

Carney, Cormac J. (California)

Castillo, Pedro V. (California)

McDermott, John E. (California)

Pregerson, Dean D. (California)

Attorneys(s) for Defendant

Fox, Brandon D (California)

Hanna, Nicola T. (California)

Har, Susan S. (California)

Documents in the Clearinghouse

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17147300/daniel-sweeney-v-juan-herrera/

Last updated May 29, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

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)

May 11, 2020

May 11, 2020

PACER
2

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)

May 11, 2020

May 11, 2020

PACER
3

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)

May 11, 2020

May 11, 2020

PACER
4

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)

May 12, 2020

May 12, 2020

PACER
5

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)

May 13, 2020

May 13, 2020

PACER
6

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)

May 13, 2020

May 13, 2020

RECAP
7

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)

May 19, 2020

May 19, 2020

PACER
8

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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May 19, 2020

May 19, 2020

PACER
9

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

View on PACER

May 27, 2020

May 27, 2020

PACER
10

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)

May 28, 2020

May 28, 2020

PACER
11

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)

May 28, 2020

May 28, 2020

PACER
12

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)

May 29, 2020

May 29, 2020

PACER
13

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

View on PACER

June 4, 2020

June 4, 2020

PACER
14

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)

June 8, 2020

June 8, 2020

PACER
15

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)

June 8, 2020

June 8, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 11, 2020

Closing Date: June 8, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual held at the Orion Residential Reentry Centre seeking release due to COVID-19 concerns

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Residential Relocation Manager of the Federal Bureau of Prisons, Federal

Regional Reentry Administrator , Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run