Shelby v. Petrucci

Background

July Justine Shelby filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. A habeas petition asks a court to review the legality of a person’s custody. The opinion states that Shelby filed the petition without a lawyer on March 3, 2019. On November 12, 2020, the court ordered the appointment of counsel for her.

Report and Recommendation

On August 3, 2022, Magistrate Judge Sarah Netburn issued a Report and Recommendation recommending that the court grant Shelby’s petition. The Government objected to the recommendation on August 31, 2022, and Shelby responded on October 7, 2022.

When a party objects to a magistrate judge’s report, the district judge may review the challenged portions independently. The order also states that, when a party merely repeats arguments already made, district courts commonly review the report for clear error, meaning an obvious mistake. Judge Broderick reviewed the report in its entirety and found no clear error.

Ruling

Judge Broderick overruled all of the Government’s objections and adopted Magistrate Judge Netburn’s report in its entirety. The court granted Shelby’s writ of habeas corpus.

The Bureau of Prisons was ordered to transfer Shelby to a female facility as soon as possible and no later than seven days after the order. The respondents were directed to provide an update by November 4, 2022, about the transfer timeline and plan, and to notify the court after the transfer was completed successfully. The parties were also ordered to submit a joint letter 30 days after the transfer addressing Shelby’s adjustment to the new facility.

The order says that a more detailed opinion explaining the court’s reasoning and findings would follow, but that reasoning is not included in the provided text.