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Hugo Lionel Sanchez-Ramos v. Donna Zickefoose

January 14, 2011

HUGO LIONEL SANCHEZ-RAMOS,
PETITIONER,
v.
DONNA ZICKEFOOSE, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Renee Marie Bumb United States District Judge

NOT FOR PUBLICATION

OPINION

APPEARANCES:

HUGO LIONEL SANCHEZ-RAMOS, #20937-038 FCI Fort Dix P.O. 2000 Fort Dix, NJ 08640 Petitioner Pro Se BUMB, District Judge Hugo Lionel Sanchez-Ramos, a federal prisoner confined at FCI Fort Dix, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 challenging his imprisonment pursuant to a federal sentence imposed on August 11, 1998, by the United States District Court for the District of Puerto Rico. Having thoroughly reviewed the Petition, as well as the docket in the underlying criminal proceeding, this Court will summarily dismiss the Petition for lack of jurisdiction.*fn1

I. BACKGROUND

Petitioner challenges his incarceration pursuant to an aggregate 360-month term of imprisonment imposed by judgment entered August 11, 1998, based on his plea of guilty to taking money by force and violence which was in the custody of Banco Popular de Puerto Rico and in committing such offense or avoiding or attempting to avoid apprehension, assaulting and causing the death of Angel Garcia Beltran by the use of firearms (count one) and aiding and abetting in the carrying and user of firearms during and in relation to a crime of violence (count two). See United States v. Sanchez-Ramos, Crim. No. 96-0001-PG-1 (D. P.R. filed Jan. 3, 1996). The Court of appeals dismissed Petitioner's direct appeal on February 19, 2002.

On July 13, 2005, Petitioner filed a motion pursuant to 28 U.S.C. 2255 to vacate, asserting that counsel was ineffective for several reasons. See Sanchez-Ramos v. United States, Civ. No. 05-2268 (PG) report & recommendation (D.P.R. Mar. 6, 2006). By order entered April 18, 2006, Judge Juan M. Perez-Gimenez adopted the report and recommendation and dismissed the motion as barred by the one-year statute of limitations.

Petitioner, who is now confined at FCI Fort Dix in New Jersey, executed a form § 2241 petition on May 20, 2010. Petitioner also filed a typewritten 2241 petition, which raises the following grounds: (1) the authority and/or jurisdiction to imprison Petitioner has been terminated by action of Ellen Fine Levine, offsetting and discharging all debts associated with Petitioner's prison account; (2) the judgment of conviction was issued in violation of due process because the indictment was not signed by any grand jury foreman or United States Attorney, Petitioner had no opportunity to challenge the qualification of members of the grand jury, no valid bill of indictment was presented to Petitioner establishing a charge, the indictment did not identify any statute, regulation or rule establishing any duty of Petitioner to any act of legislative authority of the United States, the United States of America lacks legal standing to sue, no evidence shows that the party named in the judgment of conviction is Petitioner, United States failed to exhaust administrative remedies, the judgment of conviction was not properly authenticated; (3) the judgment of conviction is a nullity as the superceding indictment was not lawfully issued, United States lacks subject matter and territorial jurisdiction, the United States District Court for the District of Puerto Rico is not an Article III court and lacks personal and subject matter jurisdiction to hear any case against Petitioner. (Docket Entry #1-1, pp. 3-7.)

II. DISCUSSION

A. Jurisdiction

Section 2241 of Title 28 of the United States Code provides in relevant part:

(c) The writ of habeas corpus shall not extend to a prisoner unless-- . . . He is in custody in violation of the Constitution or laws or treaties of the United States.

28 U.S.C. § 2241(c)(3).

Generally, a challenge to the validity of a federal conviction or sentence must be brought under 28 U.S.C. § 2255. See Davis v. United States, 417 U.S. 333 (1974); Okereke v. United States, 307 F.3d 117, 120 (3d Cir. 2002). This is because 28 U.S.C. § 2255 expressly prohibits a district court from entertaining a challenge to a prisoner's federal sentence under § 2241 unless the remedy under § ...


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