Howard Bloomgarden v. Bureau of Prisons

ORDER

Petitioner-Appellant Howard Bloomgarden appeals the district court’s denial of his Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 . Bloomgarden alleges his transfer from federal to state custody violated the thirty-day waiting period in Article IV(a) of the Interstate Agreement on Detainers Act (“IAD”), 18 U.S.C. app. 2 § 2.

Bloomgarden is a federal prisoner serving a 405-month sentence pursuant to his 1996 guilty plea in connection with multiple charges in the Eastern District of New York. This plea allocution implicated Bloomgarden in two California murders, and California officials later charged Bloomgarden with two counts of capital murder.

In 1999, California officials lodged a detainer, pursuant to the IAD, with the Bureau of Prisons (“BOP”), requesting Bloomgarden’s transfer to California state custody to try Bloomgarden on the capital murder charges. Bloomgarden, who had been transferred to Florida state custody on other charges prior to California’s detainer, was returned to federal custody in Texas in 2005.

Shortly after his return to federal custody, California again requested Bloomgarden be transferred. This time, California submitted a writ of…