Washington v. Warden of USP-Canaan

Full title: ELDON LAMAR WASHINGTON, Petitioner, v. WARDEN OF USP-CANAAN, Respondent


No. 1:21-cv-211

Date published: Mar 24, 2021


On February 5, 2021, pro se Petitioner Eldon Lamar Washington (“Petitioner”), who is currently incarcerated at the United States Penitentiary Canaan in Waymart, Pennsylvania (“USP Canaan”), initiated the above-captioned action by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. No. 1.) Petitioner maintains that the Bureau of Prisons (“BOP”) is violating his Eighth Amendment rights by failing to provide safe living conditions during the COVID-19 pandemic. (Id.) Petitioner asserts that he is “at special risk of infection and is less able to participate in proactive measures to stay safe.” (Doc. No. 1 at 2.) He alleges that his mental health has also deteriorated. (Id. at 4.) As relief, Petitioner seeks release. (Id.) Following an Order to show cause (Doc. No. 7), Respondent filed a response on March 5, 2021 (Doc. No. 12). Upon review of Petitioner’s submissions and Respondent’s response, the Court will deny Petitioner’s § 2241 petition. 



For the foregoing reasons, the Court will deny Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. No. 1.) Petitioner’s motion for discovery and a telephonic hearing (Doc. No. 13) will be denied. An appropriate Order follows.

Petitioner seeks discovery to prove that the Warden of USP Canaan “is not the actual reviewer and/or denier of [his] request for compassionate release, but it was in fact [his] unit manager in violation of Petitioner’s due process rights.” (Doc. No. 13 at 1.) Petitioner requests a telephonic hearing to present testimony from his Unit Manager as to this, as well as testimony regarding Counselor B. Roberts’ “refusal to provide inmates with administrative remedy forms and/or destruction of the same.” (Id.) Such information is not pertinent to the Court’s resolution of Petitioner’s § 2241 petition. His motion, therefore, will be denied.

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