Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Keith Mathis v. Paul Schultz

March 2, 2011

KEITH MATHIS, PETITIONER,
v.
PAUL SCHULTZ, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Kugler, District Judge

NOT FOR PUBLICATION

OPINION

Petitioner Keith Mathis, a prisoner currently confined at FCI Fairton in Fairton, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241;*fn1 he has paid the $5 filing fee. Paul Schultz and the Bureau of Prisons are named as respondents.

Because it appears from a review of the Petition that Petitioner is not entitled to relief, the Petition will be dismissed. See 28 U.S.C. § 2243.

I. BACKGROUND

Petitioner was arrested on October 14, 1998 for a New Jersey state parole violation and his parole was revoked on December 10, 1998. Pursuant to a writ of habeas corpus ad prosequendum related to a pending federal trial, Petitioner was taken into custody by the United States Marshals Service on January 14, 1999.

Petitioner was then convicted on one count of conspiracy to defraud the United States (a violation of 18 U.S.C. § 371) and one count of bank robbery by force or violence (a violation of 18 U.S.C. § 2113(a)) and sentenced to a concurrent custodial term of 162 months on November 10, 1999.

On December 10, 1999, Mathis was mistakenly designated to FCI McKean by the Federal Bureau of Prisons ("BOP"). Respondents admit to this error. Petitioner remained at FCI McKean until March 21, 2000 when, after the mistake was discovered, he was returned to state custody to complete his New Jersey parole violation term. On March 16, 2001, upon completion of his state custody term, Petitioner was released to federal custody to serve his federal sentence.

On June 10, 2010, the BOP examined Petitioner's sentence computation related to the mistaken assignment to FCI McKean subsequent to his federal conviction. The BOP credited Petitioner's federal sentence in the amount of 133 days to account for the time between November 10, 1999, the date of his federal sentence, and March 21, 2000, the date of his return to New Jersey state authorities.

Petitioner asserts in his petition that his federal sentence should be deemed to have run continuously from the date that he entered federal custody at FCI McKean until the present, entitling him to credit toward his federal sentence for the full time period not only when he was initially in federal custody but also between March 22, 2000 to March 15, 2001 during the time that he served his parole violator term in New Jersey.

Adjusted for the 133 days of prior credit time and including a deduction for projected good time credits, Petitioner's release date is currently set for September 24, 2012.

II. LEGAL STANDARD "Habeas corpus petitions must meet heightened pleading requirements." McFarland v. Scott, 512 U.S. 849, 856 (1994). A petition must "specify all the grounds for relief" and must set forth "facts supporting each of the grounds thus specified." See Rule 2(c) of the Rules Governing § 2254 Cases in the U.S. District Courts (amended Dec. 1, 2004) ("Habeas Rules"), made applicable to § 2241 petitions through Rule 1(b) of the Habeas Rules.

Nevertheless, a pro se pleading is held to less stringent standards than more formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106 (1976); Haines v. Kerner, 404 U.S. 519, 520 (1972). A pro se habeas petition and any supporting submissions must be construed liberally and with a measure of tolerance. See Royce v. Hahn, 151 F.3d 116, 118 (3d Cir. 1998); Lewis v. Attorney General, 878 F.2d 714, 721-22 (3d ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.