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- ilnd;;1:20-cv-01792_de1048 RegisterActionDate "2020-05-21" @default.
- ilnd;;1:20-cv-01792_de1048 RegisterActionDescriptionText "MINUTE entry before the Honorable Matthew F. Kennelly: This order is entered by Judge Kennelly, as emergency judge, on the emergency motion for compassionate release filed on 5/21/2020 by defendant Salvador Rosales in Case No. 06 CR 896. The motion is terminated on the emergency docket 1019 . All further filings are to be made in Case No. 06 CR 896, not on the emergency docket, and copies are to be provided to Judge Kennelly's courtroom deputy clerk. Mr. Rosales has filed his motion under 18 USC 3582(c)(1)A), which requires presentment of a request for release to the prison warden and a delay of 30 days before a court may consider the motion. Mr. Rosales's motion states that he did not attempt to present a request to the prison warden until, at the earliest, 5/18/2020. It is doubtful, at best, that controlling authority allows the statutory exhaustion prerequisite to be excused by a court. And although Mr. Rosales argues that the statutory requirement should be excused due to the coronavirus outbreak and the risk to his health, it is worth noting that the outbreak was common knowledge for nearly two months before he first made his request, a delay that his motion does not explain. The Court therefore takes Mr. Rosales's motion under advisement but reserves the right not to rule upon it before 6/18/2020. The government is directed to file a response to the motion by 6/2/2020, and Mr. Rosales is directed to file a reply to the response by 6/9/2020. Because Mr. Rosales has cited his medical condition as a basis for relief, he has waived confidentiality in his medical records. The government is directed to obtain Mr. Rosales's medical records from the Bureau of Prisons and file them under seal by 6/2/2020. Mailed notice. (mma, ) (Entered: 05/21/2020)" @default.
- ilnd;;1:20-cv-01792_de1048 AdministrativeID "1039" @default.
- ilnd;;1:20-cv-01792_de1048 OntologyLabel minute_entry @default.
- ilnd;;1:20-cv-01792_de1048 hasReferenceToOtherEntry ilnd;;1:20-cv-01792_de1034 @default.