Sinek v. United States

Background

Charles R. Sinek, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241, the federal statute allowing a person in custody to challenge the execution of a federal sentence. The opinion says Sinek was serving the supervised-release portion of his federal sentence in Oakland, California, and had paid the filing fee.

Claim

Sinek claimed that the First Step Act owed him “20+ months of credits” that should reduce the term of his supervised release. The court treated the claim broadly and concluded that it could be considered in a § 2241 petition and required a response from the government.

Ruling and Procedure

The court issued an order to show cause rather than deciding whether Sinek is entitled to the requested credits. It directed the Clerk to serve the order and petition on the United States and directed the government to serve and file, within 60 days, an answer explaining why the requested relief should not be granted. The government must also provide relevant portions of Sinek’s federal criminal record.

The government may file a motion to dismiss on procedural grounds instead of an answer. If it does so, Sinek may oppose the motion or state that he does not oppose it, and the government may file a reply. If Sinek responds to an answer, he must file a response within 30 days after receiving it.

The court also reminded Sinek that he must prosecute the case, serve documents and communications on the government, notify the court and the parties of any address change, and comply with court orders. The order states that failure to do so may result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).