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Curran v. Hollingsworth

United States District Court, D. New Jersey

June 23, 2015

JOHN F. CURRAN, III, Petitioner,
v.
JORDAN W. HOLLINGSWORTH, Respondent.

John F. Curran, III, Petitioner Pro Se, FCI Fort Dix, Fort Dix, New Jersey.

Irene E. Dowdy, Assistant U.S. Attorney Office of the United States Attorney, Camden, New Jersey, Attorney for Respondent Jordan Hollingsworth.

OPINION

JEROME B. SIMANDLE, Chief District Judge.

INTRODUCTION

This matter comes before the Court on pro se Petitioner John F. Curran, III's ("Petitioner") motion for emergent injunctive relief. (Docket Entry 3). Respondent Jordan Hollingsworth, Warden of FCI Fort Dix, opposes the motion. (Docket Entry 5). This motion is being decided on the papers pursuant to Fed. R. Civ. Pro. 78(b). For the reasons set forth below, Petitioner's motion for injunctive relief is denied.

BACKGROUND

A. Procedural History

Petitioner is a convicted and sentenced federal prisoner presently confined at FCI Fort Dix. On April 20, 2015, he filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 asserting the Federal Bureau of Prisons ("BOP") erred in the administration of his sentence. (Docket Entry 1). This Court ordered Respondent to answer the petition on May 6, 2015. (Docket Entry 2).

On May 22, 2015, Petitioner filed the instant motion for emergent injunctive relief requesting this Court prevent the BOP from transferring him from Fort Dix during the pendency of this matter. (Docket Entry 3). Respondent filed opposition to the motion simultaneously with its answer to the petition. (Docket Entries 4 and 5).

B. Factual History

Petitioner was sentenced by the District Court for the District of Maryland on August 13, 2013 to thirty-seven months imprisonment after pleading guilty to one count of securities fraud, 15 U.S.C. §§ 78j(b), 78ff. (Docket Entry 1 at 14); United States v. Curran, No. 1:11-cr-0687-RDB-1 (D.Md. 2013). The District Court ordered restitution of $1, 250, 768.75 to be paid in monthly installments of $500. (Docket Entry 1 at 18-19).

Petitioner filed this petition under § 2241 asserting that the BOP failed to adhere to its program statement requiring an independent audit of prisoners' sentences. Petitioner asserts that had the BOP conducted its audit, it would have determined that it could not "legally administer the full sentence ordered against the Petitioner" as the District Court found there was "zero dollars of economic loss." (Docket Entry 1 at 8). Petitioner asserts the BOP could only administer six out of the thirty-seven months sentence. (Docket Entry 1 at 8). Petitioner seeks his immediate release.

On May 6, 2015, this Court ordered Respondent to file an answer to the petition. (Docket Entry 2). A few weeks later, Petitioner filed this motion for emergent injunctive relief. (Docket Entry 3). Petitioner requests this Court prohibit the BOP from transferring him from the District of New Jersey during the pendency of this matter. (Docket Entry 3). He states that shortly after this Court ordered an answer, he was informed that he was being transferred as he was a "security risk to the institution." (Docket Entry 3 ¶ 2). Petitioner claims the transfer was an attempt to "undermine this Court's authority" and interfere with the petition. (Docket Entry 3 ¶ 5). Petitioner has not been transferred and is presently confined at Fort Dix. (Docket Entry 5); Federal Bureau of Prisons Inmate Locator, available at http://www.bop.gov/inmateloc/.

Respondent filed its timely answer with the Court on June 17, 2015. (Docket Entry 4). It additionally filed opposition to the motion as infringing on the BOP's ...


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