SUSAN ILLSTON UNITED STATES DISTRICT JUDGE
ORDER TRANSFERRING DEFENDANT'S PRO SE FILING TO 21CV1679 Re: Dkt. No. 55
SUSAN ILLSTON UNITED STATES DISTRICT JUDGE
On February 25, 2021, defendant Rex Lutton filed a “petition for writ of habeas corpus under 28 U.S.C. § 2241 or, alternatively, motion for compassionate release.” Dkt. No. 36. On March 5, 2021, the Court issued an Order assigning defendant's petition for writ of habeas corpus to a new criminal case number and kept defendant's motion for compassionate release under the present case number. Dkt. No. 39.
On August 20, 2021, the Court received defendant's pro se filing titled “Traverse.” Dkt. No. 55. Defendant requested time served in defendant's recission hearing with the United States Parole Commission. Id. at 1. On September 20, 2021, defense counsel filed a status report requesting the Court consider defendant's filing as either a motion for reconsideration of the Court's Order Denying Defendant's Motion for Compassionate Release or a Motion under Federal Rule of Criminal Procedure 35(b). Dkt. No. 57. The Government filed a status report requesting the Court transfer to defendant's criminal case, 21-cv-1679. Dkt. No. 58.
The Court hereby TRANSFERS defendant's pro se filing, docket number 55, to defendant's criminal case, 21-cv-1679. The Court previously found the Court lacked jurisdiction to grant defendant's motion for compassionate release. Dkt. No. 54. Defendant's pro se filing involves issues relating to his request for habeas release in 21-cv-1679. Compare Dkt. No. 55 (defendant's pro se filing) at 1 (citing 28 FRC § 2.36(a) and stating “I ask your help if I'm entitled to time served toward my recission hearing . . . from the United States Parole Commission”) with 21-cv-1679, Dkt. No. 1 (Petition for Writ of Habeas Corpus) at 4-6 (citing 28 FRC § 2.36(a) and arguing defendant is “entitled to credit against the recission guidelines for his time in state custody.”). Accordingly, defendant's pro se filing, docket number 55, will be transferred to case number 21-cv-1679.
IT IS SO ORDERED