Opinion
20-CV-9245 (LTS)
12-01-2021
AARON L. SINGLETON, Plaintiff, v. NEW YORK CITY DEPARTMENT OF CORRECTCIONS, et al., Defendants.
ORDER
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE.
Plaintiff, who is currently detained at the Vernon C. Bain Center (VCBC), brings this pro se action challenging his current detention, which commenced on or about January 31, 2019. On May 17, 2021, the Court dismissed the action, noting that it was declining to recharacterize the complaint as a petition for a writ of habeas corpus under 28 U.S.C. 2241 because it would have been futile to do so, as Plaintiff had not alleged any facts suggesting that he had exhausted his state-court remedies. The following month, the Court received a letter from Plaintiff, challenging the order of dismissal and stating facts showing that he had exhausted his state-court remedies. The Court construed the letter as a motion for reconsideration, granted the motion, and vacated its order of dismissal.
For the following reasons, the application is designated as a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. The Court grants Plaintiff 30 days' leave to file a Section 2241 habeas corpus petition setting forth his grounds for relief.
DISCUSSION
A. The Court recharacterizes this action as a Section 2241 petition
Under Section 2241(c)(3), habeas corpus relief is available to a person “in custody in violation of the Constitution or laws or treaties of the United States.” A prisoner in state custody 1 must generally challenge his confinement in a habeas corpus petition under 28 U.S.C. 2254, but such relief is available under Section 2241 as to a state pretrial detainee challenging his custody as unlawful under the Constitution or federal law. See e.g., Robinson v. Sposato, No. 11-CV-0191, 2012 WL 1965631, at *2 (E.D.N.Y. May 29, 2012); see also Hoffler v. Bezio, 831 F.Supp.2d 570, 575 (N.D.N.Y. 2011), aff'd on other grounds, 726 F.3d 144 (2d Cir. 2013); Marte v. Berkman, No. 11-CV-6082 (JFK), 2011 WL 4946708, at *5 (S.D.N.Y. Oct. 18, 2011), aff'd on other grounds sub nom., Marte v. Vance, 480 Fed.Appx. 83 (2d Cir. 2012) (summary order).
Plaintiff's complaint is construed as a petition for a writ of habeas corpus under Section 2241 because he challenges his pretrial custody as being “in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. 2241(c)(3). If Plaintiff does not want to pursue relief under Section 2241, he may notify the Court in writing within 30 days that he wishes to withdraw the action. See Castro v. United States, 540 U.S. 375, 383 (2003); Adams v. United States, 155 F.3d 582, 584 (2d Cir. 1998) (per curiam); see also Simon v. United States, 359 F.3d 139, 144 (2d Cir. 2004) (applying notice rule to petitions brought under Section 2241). If Plaintiff does not inform the Court of his intent within 30 days, the Court will dismiss the action without prejudice to Plaintiff's filing a future Section 2241 petition challenging his current custody.
B. The Court grants Plaintiff 30 days' leave to file a Section 2241 petition
The Court grants Plaintiff leave to complete and submit the attached form, “Amended Petition For A Writ Of Habeas Corpus Under 28 U.S.C. 2241.” Plaintiff should specify his grounds for relief and the supporting facts for each ground. He also should include the steps he took to exhaust each ground for relief. See United States ex rel. Scranton v. New York, 532 F.2d 292, 294 (2d Cir. 1976) (“While [Section 2241] does not by its own terms require the exhaustion of state remedies as a prerequisite to the grant of federal habeas relief, decisional law has 2 superimposed such a requirement in order to accommodate principles of federalism.”). In its final form, the petition must permit the Court and the Respondent - who is the warden of Plaintiff's current detention facility - to comprehend both Plaintiff's grounds for relief and the underlying facts and legal theory supporting each ground so that the issues presented in the petition may be adjudicated by the Court.
In order to entertain a habeas corpus petition under Section 2241, a court must have jurisdiction over the custodian. See Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 494-95 (1973) (writ of habeas corpus does not act upon the prisoner who seeks relief, but upon his or her custodian). Thus, the jurisdiction of a habeas petition challenging a Plaintiff's physical confinement generally lies in the district of his confinement. Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004).
CONCLUSION
The Court grants Plaintiff 30 days' leave to file a Section 2241 petition containing the information specified above. The petition must be submitted to this Court's Pro Se Unit within 30 days of the date of this order, be captioned as an “Amended Petition” and bear the same docket number as this order. An Amended Petition For A Writ Of Habeas Corpus Under 28 U.S.C. 2241 form is attached to this order, which Plaintiff should complete as specified above. Once submitted, the Court will review the petition for substantive sufficiency, and then, if the amended petition is sufficient, the case will be reassigned to a district judge in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the action will be dismissed.
Because Plaintiff has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 3
The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.
SO ORDERED.
LAURA TAYLOR SWAIN, Chief United States District Judge 4
Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241
PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241
Instructions
1. Who Should Use This Form. You should use this form if
● you are a federal prisoner and you wish to challenge the way your sentence is being carried out (for example, you claim that the Bureau of Prisons miscalculated your sentence or failed to properly award good time credits);
● you are in federal or state custody because of something other than a judgment of conviction (for example, you are in pretrial detention or are awaiting extradition); or
● you are alleging that you are illegally detained in immigration custody.
2. Who Should Not Use This Form. You should not use this form if
● you are challenging the validity of a federal judgment of conviction and sentence (these challenges are generally raised in a motion under 28 U.S.C. 2255);
● you are challenging the validity of a state judgment of conviction and sentence (these challenges are generally raised in a petition under 28 U.S.C. 2254); or
● you are challenging a final order of removal in an immigration case (these challenges are generally raised in a petition for review directly with a United States Court of Appeals).
3. Preparing the Petition. The petition must be typed or neatly written, and you must sign and date it under penalty of perjury. A false statement may lead to prosecution.
All questions must be answered clearly and concisely in the space on the form. If needed, you may attach additional pages or file a memorandum in support of the petition. If you attach additional pages, number the pages and identify which section of the petition is being continued. Note that some courts have page limitations.
All filings must be submitted on paper sized 8A by 11 inches. Do not use the back of any page.
4. Supporting Documents. In addition to your petition, you must send to the court a copy of the decisions you are challenging and a copy of any briefs or administrative remedy forms filed in your case.
5. Required Filing Fee. You must include the $5 filing fee required by 28 U.S.C. 1914(a). If you are unable to pay the filing fee, you must ask the court for permission to proceed in forma pauperis - that is, as a person who cannot pay the filing fee - by submitting the documents that the court requires.
6. Submitting Documents to the Court. Mail your petition and 0 copies to the clerk of the United States District Court for the district and division in which you are confined. For a list of districts and divisions, see 28 U.S.C. 81-131. All copies must be identical to the original. Copies may be legibly handwritten.
If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the court to file-stamp it and return it to you.
7. Change of Address. You must immediately notify the court in writing of any change of address. If you do not, the court may dismiss your case. 1