No. 20-6957

Alfred Paul Centofanti, III v. Dwight W. Neven, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2021-01-28
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: circuit-split collateral-order district-court habeas habeas-corpus interim-release interlocutory-appeal ninth-circuit standard-of-review
Key Terms:
HabeasCorpus
Latest Conference: 2021-04-30 (distributed 2 times)
Question Presented (AI Summary)

Is a district court's order granting or denying an interim release motion in a habeas case an appealable collateral order?

Question Presented (from Petition)

QUESTION PRESENTED Mr. Centofanti is a state prisoner litigating a federal habeas petition under 28 U.S.C. §2254. He has substantial claims for relief. He also has substantial health issues, including recent cancer treatment, which put him at an elevated risk for negative health outcomes if he contracts the novel coronavirus. Because the pandemic poses an imminent threat to his health while he remains in prison, Mr. Centofanti filed a motion in the district court seeking release on an interim basis while he continued to litigate his federal habeas petition. The district court denied the motion. Mr. Centofanti attempted to pursue an interlocutory appeal, but the Ninth Circuit refused to allow an appeal. Applying its prior precedent, the Ninth Circuit instead required Mr. Centofanti to challenge the district court’s decision through a mandamus petition, not a normal appeal. As a result, the Ninth Circuit applied a more deferential standard of review to the district court’s decision, and it accordingly denied the mandamus petition. The Ninth Circuit is one of only two circuit courts of appeals that disallow interlocutory appeals of interim release decisions. By contrast, at least seven circuit courts of appeals treat interim release decisions as appealable collateral orders. The question presented is: Is a district court’s order granting or denying an interim release motion in a habeas case an appealable collateral order? i

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-04-02
Reply of petitioner Alfred Paul Centofanti, III filed.
2021-03-22
Brief of respondents Dwight W. Neven, et al. in opposition filed.
2021-02-18
Response Requested. (Due March 22, 2021)
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-02-08
Waiver of right of respondent Dwight W. Neven, et al. to respond filed.
2021-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)

Attorneys

Alfred Paul Centofanti, III
Jeremy BaronFederal Public Defender, District of Nevada, Petitioner
Jeremy BaronFederal Public Defender, District of Nevada, Petitioner
Dwight W. Neven, et al.
Heather Diane Procter — Respondent
Heather Diane Procter — Respondent