Opinion
20 Civ. 2935 (PAE)
06-08-2020
TAYE L. ELLEBY, Petitioner, v. BRANDON J. SMITH, Superintendent of Greene Correctional Facility, Respondent.
ORDER
:
On April 9, 2020, petitioner Taye L. Elleby filed a pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, seeking release from custody to home confinement due to the current pandemic. On May 22, 2020, the Court dismissed Elleby's petition, without prejudice, because he had failed to exhaust his state remedies. Dkt. 12.
On June 4, 2020, the Court received the attached letter from Elleby. The Court construes the letter as a motion asking the Court to reconsider its May 22, 2020 ruling and grant him compassionate release pursuant tol8 U.S.C. § 3582, which governs the release of post-sentence defendants in federal custody. Because § 3582 applies to defendants in federal custody—not state custody, such as Elleby—the Court cannot grant his release under that statute. See Williams v. Keiser, No. 17 Civ. 1040 (LJV), 2020 WL 2028256, at *2 (W.D.N.Y. Apr. 28, 2020) ("[H]owever, [the defendant] is currently in state custody, and this Court does not have the authority to alter his state sentence under § 3582." (footnote omitted) (emphasis in original)). Further, the Court declines to reconsider its May 22, 2020 opinion, as Elleby, in his letter, does not provide any evidence that he has exhausted his state remedies. Although he notes that some courts in this District have held that the administrative exhaustion requirement of § 3582 may be waived by the federal Government, see United States v. Gentille, No. 19 Cr. 590 (KPF), 2020 WL 1814158, at *3 (S.D.N.Y. Apr. 9, 2020), that is of no moment here, as this case is not governed by § 3582, and there is no reason apparent why Elleby's failure to exhaust his state remedies, as required by 28 U.S.C. § 2254(b)(1)(A), should be excused.
Accordingly, the Court denies Elleby's motion for compassionate release pursuant to § 3582 and reaffirms its May 20, 2020 opinion dismissing Elleby's petition without prejudice.
SO ORDERED.
/s/_________
Paul A. Engelmayer
United States District Judge Dated: June 8, 2020
New York, New York
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