S.X.M. v. Federal Bureau of Prisons and Warden of FCI

Background

S.X.M., a federal prisoner proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241 challenging the Federal Bureau of Prisons’ execution of his federal sentence. He sought immediate placement in home confinement or supervised release and monetary relief. He stated that he was a cooperating government witness housed in a confidential location because of his cooperation. He also described an agreement with the Attorney General requiring him to avoid revealing facts about his protection, including his location.

The petition used the name “S.X.M.,” and the court treated it as including a request to proceed under a pseudonym, meaning a name other than the petitioner’s publicly disclosed name. S.X.M. separately moved to seal all documents filed in the case and all future filings.

Court’s analysis and rulings

The court applied the Second Circuit’s factors for deciding whether a party may proceed under a pseudonym. Those factors include the sensitivity of the matter, the risk of retaliation or other harm from identification, whether the identity has remained confidential, prejudice to the opposing party, and the public interest in knowing the parties’ identities.

Based on S.X.M.’s allegations that he was a cooperating government witness, faced a significant threat to his safety, and had entered an agreement requiring him to avoid detection, the court granted his request to proceed under the pseudonym “S.X.M.” The court also granted the motion to seal. It directed the Clerk to seal docket entries 1 through 5 and all future filings by S.X.M.; the court may later direct that a future document be unsealed if it finds no reason to keep it sealed.

The court did not resolve whether S.X.M. is entitled to home confinement, supervised release, monetary relief, or any other relief requested in the Section 2241 petition. Instead, it ordered the U.S. Attorney’s Office for the Southern District of New York to file an answer or other response within 21 days of the order. S.X.M. may file reply papers within 30 days after being served with the respondents’ answer. The court also directed that identifying information be withheld from the public docket when a copy of the order is mailed to S.X.M. and directed the Clerk to terminate the pending sealing motion.

Disposition

The court granted S.X.M.’s request to proceed under a pseudonym and granted the motion to seal as to previously filed submissions and future filings. The petition remained pending for a response from the respondents. Judge Katherine Polk Failla did not decide the merits of the petition in this order.