Debenedetto v. Bowers

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
GARY DEBENEDETTO, 	)
)
Petitioner, 	)
) 	Civil Action
v. 	) 	No. 26-10548-IT
)
FREDDIE BOWERS, Warden, 	)
)
Respondent. 	)
ORDER
February 25, 2026
TALWANI, J.
Gary Debenedetto, proceeding pro se, initiated this action by filing a petition for writ of
habeas corpus under 28 U.S.C. § 2241 (Doc. No. 1) with the United States District Court for the
Northern District of Illinois. Debenedetto v. Bowers, No. 1:25-cv-12862 (N.D. Ill. Oct 15, 2025).
He filed an Amended Petition (Doc. No. 3) on January 20, 2026, challenging the lawfulness of
his civil commitment. Id. The case was ordered transferred from the Northern District of Illinois
to the District of Massachusetts, in part, because Debenedetto is confined to FMC Devens, in
Ayer, Massachusetts. Order (Doc. No. 4), No. 1:25-cv-12862 (N.D. Ill. Feb. 3, 2026).
On February 6, 2026, this court denied the amended petition and dismissed this action.
(Doc.. No. 10). Now before the court are Debenedetto’s Motion to Amend Petition [Doc. No. 13]
and Motion for Leave to Proceed In Forma Pauperis [Doc. No. 14], which Debenedetto mailed
to the Northern District of Illinois before the transfer order and the closing of the case and which
have now been forwarded to this court, see Notification of Docket Entry [Doc. No. 15].
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2
In his motion for leave to amend, Debenedetto seeks to add the claim that he is being held
without having been charged with a crime. However, such amendment is futile where the basis
for his detention is a court-ordered commitment pursuant to 18 U.S.C. § 4246.
Accordingly, it is hereby ORDERED that
1. 	The Motion Amend Petition [Doc. No. 13] is DENIED.
2. 	The Motion for Leave to Proceed In Forma Pauperis [Doc. No. 14] is DENIED
as moot.
3. 	This action remains closed.
SO ORDERED.
February 25, 2026 	/s/ Indira Talwani 	_________
INDIRA TALWANI
UNITED STATES DISTRICT JUDGE
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