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Dixon v. Ortiz

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE
Jul 7, 2020
CIV. NO. 20-7991 (RMB) (D.N.J. Jul. 7, 2020)

Opinion

CIV. NO. 20-7991 (RMB)

07-07-2020

DONOVAN DAVE DIXON, Petitioner v. DAVID ORTIZ, and UNITED STATES OF AMERICA Respondents


NOT FOR PUBLICATION

OPINION

BUMB, District Judge

Petitioner Donovan Dixon, a prisoner confined in the Federal Correctional Institution in Fort Dix, New Jersey ("FCI Fort Dix"), filed a request for release from prison under the "Compassionate Care Act," alleging he is at risk of death if he contracts COVID-19. The Court construes Petitioner's filing as a motion for compassionate release under 18 U.S.C. § 3582(c))(1)(A), as amended by the First Step Act. "Section 3582's text requires those motions to be addressed to the sentencing court[.]" United States v. Raia, 954 F.3d 594, 596 (3d Cir. 2020). This Court, therefore, lacks jurisdiction. According to the national index of federal court cases, Petitioner is serving a sentence imposed by the United States District Court, Eastern District of North Carolina. See United States v. Dixon, 7:16cr30-D-1 (E.D.N.C.) Pursuant to 28 U.S.C. § 1631, the Court will transfer this matter to Petitioner's sentencing court in the Eastern District of North Carolina. An appropriate Order follows. Dated: July 7 , 2020

Available at www.pacer.gov. --------

s/Renée Marie Bumb

RENÉE MARIE BUMB

United States District Judge


Summaries of

Dixon v. Ortiz

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE
Jul 7, 2020
CIV. NO. 20-7991 (RMB) (D.N.J. Jul. 7, 2020)
Case details for

Dixon v. Ortiz

Case Details

Full title:DONOVAN DAVE DIXON, Petitioner v. DAVID ORTIZ, and UNITED STATES OF…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE

Date published: Jul 7, 2020

Citations

CIV. NO. 20-7991 (RMB) (D.N.J. Jul. 7, 2020)