Pereda v. Derr

D. Guam

Pereda v. Derr

DecidedMarch 1, 2023

Docket1:22-cv-00028

StatusUnknown

This text of Pereda v. Derr (Pereda v. Derr) is published on Counsel Stack Legal Research, covering District Court, D. Guam primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF GUAM 8 TERESA ADAMOS PEREDA, CASE NO. C22-0028-JCC 9 Petitioner, ORDER 10 v. 11 ESTELLE DERR, 12 Respondent. 13 14 Presently before the Court is Teresa Adamos Pereda’s petition for a writ of habeas corpus 15 (Dkt. No. 1). For the reasons described below, the Court DISMISSES the petition without 16 prejudice. 17 In 2022, the Court sentenced Ms. Pereda to 60 and 96-month concurrent terms of 18 custodial confinement. See U.S. v. Teresa Adamos Pereda, Criminal Case No. 19-0047, Dkt. No. 19 88 (Guam 2022); U.S. v. Teresa Adamos Pereda, Criminal Case No. 21-0004, Dkt. No. 46 20 (Guam 2022). Ms. Pereda, who is incarcerated at FDC Honolulu, now asks the Court to order 21 that facility’s Warden, Estelle Derr, to adjust her release date to properly reflect Ms. Pereda’s 22 earned time credits, pursuant to the First Step Act of 2018. (Dkt. No. 1 at 1.) 23 Ms. Pereda is challenging the “manner, location, or conditions of her sentences’ 24 execution,” which Ms. Pereda brings pursuant to 28 U.S.C. § 2241. Hernandez v. Campbell, 204 25 F.3d 861, 864 (9th Cir. 2000) (cleaned up); see, e.g., Tran v. Thompson, 2023 WL 199597 slip 26 1 op. (E.D. Cal. 2023) (applying 28 U.S.C. § 2241 to a similar petition); Lister v. Gatt, 2021 WL 2 4306316 slip op. (C.D. Cal. 2021) (same). As such, it must be brought “in the custodial court.” 3 Hernandez, 204 F.3d at 864. In this instance, that is the District Court for the District of Hawaii, 4 not the District Court for the District of Guam. 5 This Court lacks jurisdiction and, accordingly, Ms. Pereda’s petition is DISMISSED 6 without prejudice. Ms. Pereda may refile her petition, should she choose, with the District Court 7 for the District of Hawaii. The Clerk is respectfully DIRECTED to send a copy of this order to 8 Ms. Pereda. 9 10 DATED this 1st day of March 2023. A 11 12 13 John C. Coughenour 14 UNITED STATES DISTRICT JUDGE

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF GUAM 8 TERESA ADAMOS PEREDA, CASE NO. C22-0028-JCC 9 Petitioner, ORDER 10 v. 11 ESTELLE DERR, 12 Respondent. 13 14 Presently before the Court is Teresa Adamos Pereda’s petition for a writ of habeas corpus 15 (Dkt. No. 1). For the reasons described below, the Court DISMISSES the petition without 16 prejudice. 17 In 2022, the Court sentenced Ms. Pereda to 60 and 96-month concurrent terms of 18 custodial confinement. See U.S. v. Teresa Adamos Pereda, Criminal Case No. 19-0047, Dkt. No. 19 88 (Guam 2022); U.S. v. Teresa Adamos Pereda, Criminal Case No. 21-0004, Dkt. No. 46 20 (Guam 2022). Ms. Pereda, who is incarcerated at FDC Honolulu, now asks the Court to order 21 that facility’s Warden, Estelle Derr, to adjust her release date to properly reflect Ms. Pereda’s 22 earned time credits, pursuant to the First Step Act of 2018. (Dkt. No. 1 at 1.) 23 Ms. Pereda is challenging the “manner, location, or conditions of her sentences’ 24 execution,” which Ms. Pereda brings pursuant to 28 U.S.C. § 2241. Hernandez v. Campbell, 204 25 F.3d 861, 864 (9th Cir. 2000) (cleaned up); see, e.g., Tran v. Thompson, 2023 WL 199597 slip 26 1 op. (E.D. Cal. 2023) (applying 28 U.S.C. § 2241 to a similar petition); Lister v. Gatt, 2021 WL 2 4306316 slip op. (C.D. Cal. 2021) (same). As such, it must be brought “in the custodial court.” 3 Hernandez, 204 F.3d at 864. In this instance, that is the District Court for the District of Hawaii, 4 not the District Court for the District of Guam. 5 This Court lacks jurisdiction and, accordingly, Ms. Pereda’s petition is DISMISSED 6 without prejudice. Ms. Pereda may refile her petition, should she choose, with the District Court 7 for the District of Hawaii. The Clerk is respectfully DIRECTED to send a copy of this order to 8 Ms. Pereda. 9 10 DATED this 1st day of March 2023. A 11 12 13 John C. Coughenour 14 UNITED STATES DISTRICT JUDGE

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