United States District Court, D. New Jersey
Aaron Bellamy, FCI Fort Dix, Fort Dix, NJ, Petitioner pro se.
David Vincent Bober, Assistant U.S. Attorney, Trenton, NJ, Counsel for Respondents.
NOEL L. HILLMAN, District Judge.
Petitioner Aaron Bellamy, a prisoner currently confined at the Federal Correctional Institution at Fort Dix, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241,  challenging the results of a prison disciplinary proceeding. The Respondents are Warden J. Hollingsworth and the Federal Bureau of Prisons.
Based on the submissions of the parties, this Court has determined that Petitioner is not entitled to relief.
Petitioner is presently confined pursuant to a judgment entered in the U.S. District Court for the Middle District of Florida. See U.S. v. Bellamy, Crim. No. 05-0188 (M.D. Fla.). The facts underlying his Petition are undisputed.
In November 2012, in anticipation of his release, Petitioner was transferred to Toler House, a Residential Re-Entry Center ("RRC"). On April 10, 2013, Incident Report No. 2434101 was issued, charging Petitioner with Use of Alcohol, contrary to Code 112. More specifically, the Incident Report states:
On Wednesday, April 10, 2013 at approximately 11:46am resident Bellamy, Aaron # XXXXX-XXX arrived to the facility and was ordered to submit to a random Breathalyzer test. BELLAMY blew a positive breathalyzer yielding.043% Blood Alcohol Content. BELLAMY was questioned by this writer as to whether he was drinking and he stated "I wasn't drinking. I brushed my teeth this morning." BELLAMY was ordered to have a seat and informed a confirmation test would be conducted in 15 minutes. He was also informed he would be pulled from home detention. BELLAMY then stated "what about my kid who is in school and my sick father? I am not blowing into that thing again! F[____] this! Call the Marshals I am not staying at Toler House!" BELLAMY was then called into the Program Director's Office.
At 12:07PM a confirmation test was conducted and yielded a positive result of.039% Blood Alcohol Content. BELLAMY is in violation of code 112, Use of any Narcotics, Marijuana, Drugs, Alcohol, Intoxicants, or related paraphernalia not prescribed for the individual by a medical staff.
(Answer, Moran Decl., Ex. 5, Incident Report No. 2434101, ¶ 11.)
This Incident Report was delivered to Petitioner the same day at 1:01 p.m. Later that same day, at 4:55 p.m., after being advised of his right to remain silent, Petitioner offered the following statement, as recorded on the Incident Report:
"I am emotionally upset. I need more help." "I need more help with my substance abuse problem, I overwhelmed myself and I just need some help." "I am taking care of my sick father, I took him to the doctor yesterday and he is getting worst [sic] off than what he was." "My father has diabetes, he lost a lot of weight, and he only weigh[s] 127 lb, I have his prescriptions that I need to get filled he needs his medications." "I am now responsible for my son; his mother is in school and was having trouble taking care of him in North Carolina." "I have been doing well for the last 5 months, does that count, and I just need more help." "I just enrolled my son in school; he is 7 I do not want to let him down." "It will hurt me more to go back to prison and something happen to my father, if he passes away, I would not know how to handle it." "I would love to attend AA meeting everyday if I could, but we are not allowed for accountability issues." "I know I messed up but this was the first time and I learned my lesson, and will not do it again." "I have too many people ...