Perry v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Kevin A. Perry, Jr.
v. 	Case No. 21-cv-252-LM
Robert Hazlewood, Warden, Federal
Correctional Institution, Berlin
REPORT AND RECOMMENDATION
Petitioner, Kevin A. Perry, Jr., a federal prisoner at the
Federal Correctional Institution in Berlin, New Hampshire (“FCI
Berlin”), has filed pleadings entitled, “Emergency Petition for
a Writ of Habeas Corpus under 28 U.S.C. § 2241” (Doc. No. 3) and
“Petitioner’s Addendum to his Emergency Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2241” (Doc. No. 1). 	Those
filings (hereinafter “§ 2241 Petition”) are before this court
for preliminary review to determine whether the claims stated
are facially valid and may proceed. 	See 28 U.S.C. § 2243; Rules
1 and 4 of the Rules Governing Section 2254 Cases (Ҥ 2254
Rules”); LR 4.3(d)(4)(A).
Mr. Perry seeks two forms of relief: release to home
confinement and damages. 	His request for release is proceeding
in this case, as directed in the Order this date. 	The district
judge should dismiss Mr. Perry’s request for damages, without
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prejudice to his ability to file a new civil rights complaint
asserting claims for damages or other relief. 	Cf. Preiser v.
Rodriguez, 411 U.S. 475, 494 (1973) (damages are not available
under 28 U.S.C. § 2241).
Any objections to this Report and Recommendation must be
filed within fourteen days of receipt of this notice. 	See Fed.
R. Civ. P. 72(b)(2). 	The fourteen-day period may be extended
upon motion. 	Failure to file objections within the specified
time waives the right to appeal the district court’s order. 	See
Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir.
2016).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
April 5, 2021
cc: 	Kevin A. Perry, Jr., pro se
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