Sink v. Jenkins
- William Alsup
- 3:20-cv-03565
- U.S. District Court · Northern District of California
- 1
In Sink v. Jenkins, Judge Alsup dismissed a prisoner’s COVID-19 release petition without prejudice because the sentencing court must consider the request.
Diane Marie Sink’s request for release was dismissed without prejudice; the order permits her to file a Section 3582 motion in her criminal case in the District of Wyoming.
What happened
Sink v. Jenkins involved Diane Marie Sink, a federal prisoner housed at the Federal Correctional Institution in Dublin. She asked for release because of health problems and her concern that prison increased her risk of contracting COVID-19.
The court explained that requests for release under 18 U.S.C. § 3582(c)(1)(A) must be made to the court that imposed the sentence. Sink was sentenced in the District of Wyoming, so the Northern District of California dismissed the action without prejudice to her filing a request in her criminal case there.
Judge William Alsup ordered the clerk to enter judgment and close the file. The court did not decide whether Sink should be released.
The detailed version
- Sink v. Jenkins · No. 3:20-cv-03565
- William Alsup
- June 15, 2020
Background
Diane Marie Sink filed a petition under 28 U.S.C. § 2241 while housed at the Federal Correctional Institution in Dublin. She sought release under 18 U.S.C. § 3582(c)(1)(A), stating that she had health problems and believed those problems placed her at greater risk of contracting COVID-19 in prison.
Court’s Analysis
The court held that a request for relief under Section 3582 must be made to the court that imposed the sentence. Although Sink was housed in the Northern District of California, the opinion states that she was sentenced in the District of Wyoming.
Disposition
The action was dismissed without prejudice to Sink filing a motion for relief under Section 3582 in her criminal case in the District of Wyoming. The clerk was ordered to enter judgment and close the file. The court did not reach the merits of whether Sink qualified for release.
Classification
This is a procedural order because the court dismissed the petition based on the proper court for seeking relief, without deciding whether release was warranted.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.