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S.D.N.Y.Procedural orderFiled Sept. 19, 2023

Wentzel v. Pliler

Judge
Kenneth Karas
Docket
7:22-cv-02325
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

Wentzel v. Pliler: Judge McCarthy lifted the stay and allowed Philip H. Wentzel to reply by October 16, 2023.

Who this affects

Philip H. Wentzel and the respondent, W.S. Pliler, Warden of F.C.I. Otisville; the order also affects the timing of the federal petition.

What happened

In Wentzel v. Pliler, Philip H. Wentzel, representing himself, filed a federal petition on March 22, 2022. The respondent later asked the court to pause the case while the Supreme Court considered Jones v. Hendrix, and the court granted that request.

The Supreme Court decided Jones on June 22, 2023. According to the respondent, the decision held that federal prisoners may not use the federal law known as Section 2241 to raise statutory challenges to a conviction or sentence.

Because the Supreme Court had issued its decision, the court lifted the pause in Wentzel v. Pliler and allowed Wentzel to file a reply to the respondent’s response by October 16, 2023. The order was signed by Judge Judith C. McCarthy.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Wentzel v. Pliler · No. 7:22-cv-02325
Judge
Kenneth Karas
Date
Sept. 19, 2023

Background

Philip H. Wentzel, proceeding without a lawyer, filed a federal petition on March 22, 2022. The opinion describes the filing as a petition for a writ of habeas corpus, a procedure for challenging a person’s custody or detention. Wentzel later filed an amended petition on August 11, 2022.

The respondent moved to stay, or pause, the case while the Supreme Court considered Jones v. Hendrix. The court granted that motion and stayed the case. After the Supreme Court decided Jones on June 22, 2023, the respondent notified the court that the decision held federal prisoners may not use 28 U.S.C. § 2241 to raise statutory challenges to a conviction or sentence.

Ruling

The court lifted the stay because the Supreme Court had decided Jones. The court did not decide the merits of Wentzel’s petition in this order. It allowed Wentzel to file a reply to the respondent’s response by October 16, 2023.

Judge

The order was signed by Judith C. McCarthy, United States Magistrate Judge.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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