Robinson v. United States

Full title: ANTHONY ROBINSON PLAINTIFF v. UNITED STATES OF AMERICA, et al. DEFENDANTS

Court: United States District Court, N.D. Mississippi, Oxford Division

Date published: Sep 1, 2021

3:21-CV-00193-MPM-JMV (N.D. Miss. Sep. 1, 2021)

Opinion

3:21-CV-00193-MPM-JMV

09-01-2021

ANTHONY ROBINSON PLAINTIFF v. UNITED STATES OF AMERICA, et al. DEFENDANTS

MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE

ORDER CLOSING CIVIL CASE AND DIRECTING THAT PLEADINGS BE FILED IN CRIMINAL CASE

MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE

Plaintiff Anthony Robinson, proceeding pro se, initiated the instant civil rights action by filing a complaint in the District Court for the Western District of Texas. Doc. # 10. The Western District of Texas, after having found that Robinson's complaint was actually a request for relief from his conviction and sentence entered in this Court, see 3:19-CR-00099-DMB-DAS, transferred the cause to this District. Doc. # 8. The transferring court specifically found that Robinson's complaint should have been filed as a Motion for Compassionate Release or a Motion for Reduction in Sentence under 18 U.S.C. § 3582(c)(1)(A). See id.

Upon careful consideration of Robinson's submissions, this Court agrees with the transferring court. In his complaint, Robinson includes a handwritten “Request for Compassionate Release.” Doc. # 10, p. 12. As to requested relief, Robinson asks the Court “to see that [he is] processed, given the extraordinar[y] & compelling circumstances, for RIS (time served).” Id. at 4. Robinson also includes a copy of the “Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582 and 4205(g).” Id. at 8-11. Robinson additionally attached a copy of a “response to [his] request for a Reduction in Sentence (RIS) based on concerns about COVID-19” from the Warden at the correctional facility in which he is confined. Id. at 7. 1

In sum, although Robinson initiated this action by filing a civil rights complaint, because of the nature of the relief requested, i.e. a reduction in sentence, he should have moved for relief under 18 U.S.C. § 3582, as that is the only appropriate procedure through which to obtain the relief he seeks. It is, therefore, ORDERED that:

(1) The Clerk of Court is DIRECTED to CLOSE this civil case; and

(2) The Clerk of Court is further DIRECTED to re-file Robinson's pleadings from this civil case as a Motion for Compassionate Release and/or Motion for Reduction in Sentence under 18 U.S.C. § 3582 in Robinson's criminal matter before this Court, No. 3:19-CR-00099-DMB-DAS.

2