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Timothy Connell v. U.S. Department of Justice

April 30, 2012

TIMOTHY CONNELL, PETITIONER,
v.
U.S. DEPARTMENT OF JUSTICE, ET AL., RESPONDENTS.



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

OPINION

Petitioner Timothy Connell, who was confined at the time of filing the Petition at Camden County Correctional Facility in Camden, New Jersey, and is now confined at Northern State Prison, in Newark, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and has paid the $5 filing fee. The second amended petition, docket entry number 5, names the U.S. Parole Commission and Eric Taylor, Warden of Camden County Jail, 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 Connell was sentenced in this district to a term of 25 years of imprisonment for conspiracy to obstruct justice, obstruction of justice, aiding and abetting, and illegal use of a fire arm to commit felonies. Petitioner was mandatorily released from custody on May 24, 1997 pursuant to 18 U.S.C. § 4163. Until June 6, 2007, Petitioner was to remain supervised "as if on parole" pursuant to 18 U.S.C. § 4164.

Petitioner subsequently violated the conditions of supervision and was arrested on a warrant on August 27, 2002. A revocation hearing was held on October 29, 2002, at which time the U.S. Parole Commission found that Petitioner had violated three of the four charges brought in relation to the violation of the terms of supervision. It was ordered that Petitioner was not to receive credit for the time spent on supervision. The Commission revoked his mandatory release and set his parole date to October 27, 2003 with service of 14 months. Petitioner did not receive credit for the time spent while released on supervision (also referred to as "street time") after May 23, 1997. Petitioner did not appeal this decision.

A supplemental warrant was issued on December 17, 2002 to add another parole violation. Petitioner's case was reopened and a reconsideration hearing was held on July 14, 2003. Petitioner was found to have committed the additional violation, and it was ordered that his parole date be set at February 27, 2005, with 30 months of incarceration. Petitioner administratively appealed the decision, but the National Appeals Board affirmed on September 25, 2003. Petitioner was released on parole on February 27, 2005, with parole supervision set until February 28, 2013.

Another warrant related to violation of the conditions of parole was later issued on September 14, 2009, related to Petitioner's commission of a bank robbery. The warrant issued at such time when Petitioner was being held in connection with the state robbery charges at the Camden County Correctional Facility in Camden, New Jersey. A detainer has been placed on Petitioner and the U.S. Marshals have been instructed to assume custody of Petitioner upon his release from state detention, however, the warrant has not yet been executed.

Petitioner filed his initial Petition on or about February 3, 2011, and subsequently filed an Amended Petition on or about March 3, 2011 and a Second Amended Petition on or about March 17, 2011, citing various grounds for relief. Petitioner lists the following three grounds in his second amended petition: "unauthorized use of Rule 2.28(f) of the Rules and Procedures Manual," "unauthorized use of Rule 2.26-02 of the Rules and Procedures Manual," and "unauthorized use of Rule 2.48-06(b) of the Rules and Procedures Manual." Petitioner seeks as relief for this Court to: "1. Order the Parole Commission to Justify the use of the supplement warrant after revocation. 2. Order the Parole Commission to show cause and produce the two votes required to reopen petitioner's case. 3. Order the Parole Commission to credit petitioner sixteen months off his full term date of March 7, 2013."

Subsequent to Respondent's answer being filed, Petitioner submitted a document seeking to amend the Petition to add a claim regarding the forfeiture of street time pursuant to the Parole Commission's decision.

II. LEGAL STANDARD

Section 2241 provides in relevant part:

(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. ...

(c) The writ of habeas corpus shall not extend to a prisoner unless-- ... (3) He is in custody in violation of the Constitution or laws or ...


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