Brodie v. Pliler

Background

Joseph Brodie and Dana Mednick filed a petition under 28 U.S.C. § 2241, a federal statute that permits certain challenges to custody. The order does not describe the substance of either petitioner’s claims.

Ruling on Mednick’s Claims

The court dismissed Dana Mednick’s claims under Section 2241 because she was not in custody. The court therefore concluded that it lacked jurisdiction—the legal authority to consider those claims under the custody statute.

The court also determined that Mednick had not made a substantial showing that a constitutional right had been denied. It declined to issue a certificate of appealability for her claims, meaning she would not receive that document for an appeal of those claims. The court also denied permission to appeal without paying filing fees.

Proceedings on Brodie’s Petition

The order did not decide the merits of Joseph Brodie’s petition. Instead, it directed the U.S. Attorney’s Office for the Southern District of New York to file an answer or another response within 60 days of the order. Brodie may file reply papers within 30 days after being served with the response.

Disposition

Mednick’s Section 2241 claims were dismissed for lack of jurisdiction. The court ordered an answer or other pleading concerning Brodie’s petition. The appeal-related rulings described above apply to Mednick’s claims.