Opinion
1:23-cv-00122
07-14-2023
MUHAMMAD KHALID KAHN, Petitioner v. WARDEN OF FCI-ALLENWOOD LOW, Respondent
ORDER
Yvette Kane, District Judge United States District Court Middle District of Pennsylvania
AND NOW, on this 14th day of July 2023, upon consideration of pro se Petitioner Muhammad Khalid Kahn (“Petitioner”)'s petition for a writ of habeas corpus filed pursuant to the provisions of 28 U.S.C. § 2241 (Doc. No. 1) and supporting memorandum of law (Doc. No. 2), and the Court finding that it cannot resolve the petition based upon the record before it, as is more fully set forth in the accompanying Memorandum, IT IS ORDERED THAT:
1. Within twenty-one (21) days of the date of this Order, Respondent shall supplement the record by providing (a) the phone call transcript, (b) Petitioner's approved contact list, and (c) the DHO hearing transcript, provided that one exists. Respondent is permitted to file these documents under seal based upon the asserted concern that these documents contain information that could “jeopardize prison security” (Doc. No. 8 at 8 n.1);
2. Within twenty-one (21) days of the date of this Order, Respondent shall file supplemental briefing addressing the following issues: (a) whether Petitioner requested the DHO for access to the phone call transcript or recorded conversation and, if so, why the DHO denied Petitioner such access; and (b) whether the DHO actually reviewed the phone call transcript or recorded conversation; and
3. Any response to such additional evidence and briefing shall be filed by Petitioner within twenty-one (21) days of the date of Respondent's filings.