Conlin v. United States of America

Background

Jeremy Lee Conlin filed a self-represented petition under 28 U.S.C. § 2241. The petition challenged a new United States Department of Justice rule that changed registration requirements imposed on him in connection with a Texas state-court sex offense. The opinion states that Conlin listed a Texas address, claimed to be living in Maryland, and said he had been temporarily employed in New York at an unspecified time.

Because the filing did not explain why the case was filed in the Southern District of New York, the court transferred it, in the interest of justice, to the Southern District of Texas. Conlin then filed objections seeking to have the matter heard in Maryland or New York. He clarified that he was challenging enforcement of the rule in Maryland, where he said he currently resides. He also said that, as an independent general labor contractor, he might work in New York in the future and could theoretically be subject to the rule there.

Court’s analysis

The court first determined that it still had authority to consider Conlin’s challenge because he filed it before the case papers had been transmitted to the Texas court. The court treated the submission as a motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e), which permits a court to reconsider a judgment when controlling law or factual matters previously presented were overlooked.

The court granted the motion because Conlin clarified that he was a Maryland resident challenging enforcement of the rule in Maryland. The court stated that it intended to transfer the case to the United States District Court for the District of Maryland. Because Conlin had not provided a Maryland address, the court could not determine whether the Northern or Southern Division was the proper destination.

Disposition

The court granted Conlin’s motion for reconsideration. It directed the Clerk of Court to vacate the earlier transfer order and reopen the case. Within 30 days of the order, Conlin must file a letter providing the county of his residence in Maryland. After receiving his amended pleading, the court will issue an order transferring the matter to the correct Maryland district. If Conlin fails to comply, the court will dismiss the matter without prejudice, meaning the opinion does not bar a later refiling.

The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. This order did not decide the underlying challenge to the Justice Department rule.