United States District Court, D. New Jersey
Abdulai Fofanah, Petitioner pro se.
B. SIMANDLE U.S. District Judge.
matter comes before the Court on Abdulai Fofanah's
petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2241. Petition, Docket Entry 1. For the reasons
set forth below, the petition is dismissed with prejudice.
Petitioner is presently incarcerated in FCI Fort Dix New
Jersey. Petition ¶ 5.
According to the petition, Mr. Shopan entered the detention
area and ordered everyone to leave. Id. ¶¶
7-8. “Thereupon, respondent entered the Cell, placed a
Jacket over the single Window in the Cell's Door, and
then closed the Door, and executed a secret search.”
Id. ¶ 9. Mr. Shopan exited the cell two hours
later and told Petitioner he had found a “hazardous
tool” in the cell, an iPhone. Id. ¶¶
Petitioner was then “forcibly seized” by prison
officials and subjected to unspecified “Base
punishment.” Id. ¶ 14.
Petitioner thereafter filed a § 2241 petition alleging
violations of his First, Fifth, and Fourteenth Amendment
rights. Id. ¶ 17; Fofanah v. Shopan, et
al., No. 17-0789, 2017 WL 626775 (D.N.J. Feb. 14,
2017). The Honorable Robert B. Kugler, U.S.D.J.,
dismissed the petition without prejudice on February 14, 2017
as Petitioner had not alleged he lost good time credits or
specified how the hearing violated his Due Process rights.
See Id. at *2. Petitioner was instructed he could
amend his petition to include the necessary facts.
Petitioner thereafter filed this petition asking the Court to
determine that Fort Dix is located at 5756 Heartford Street,
Trenton New Jersey 08640 and to serve his habeas petition on
Respondent at that address. Petition ¶ 23; Prayer for
Relief ¶ 1.
Petitioner brings this petition as a pro se litigant. The
Court has an obligation to liberally construe pro se
pleadings and to hold them to less stringent standards than
more formal pleadings drafted by lawyers. Erickson v.
Pardus, 551 U.S. 89, 94 (2007); Higgs v. Attorney
Gen. of the U.S., 655 F.3d 333, 339 (3d Cir. 2011),
as amended (Sept. 19, 2011) (citing Estelle v.
Gamble, 429 U.S. 97, 106 (1976)).
Nevertheless, a federal district court must dismiss a habeas
corpus petition if it appears from the face of the petition
that the petitioner is not entitled to relief. 28 U.S.C.
§ 2254 Rule 4 (made applicable through Rule 1(b));
see also McFarland v. Scott, 512 U.S. 849, 856
(1994); Siers v. Ryan, 773 F.2d 37, 45 (3d Cir.
1985), cert. denied, 490 U.S. 1025 (1989).
Petitioner's current request is not the proper subject of
a § 2241 petition and appears to be based on a
misunderstanding of the basis for the dismissal of his
petition was not dismissed due to an issue with
Petitioner's address or because he stated Fort Dix was
located in Burlington County, New Jersey. See
Petition ¶¶ 17-20. The petition was dismissed
because Petitioner did not provide the court with enough
information about what happened during the hearing and
whether he lost any good time credits because of the hearing.
Fofanah, 2017 WL 626775, at *2.
Court takes judicial notice that FCI Fort Dix is located in
Burlington County at 5756 Hartford & Pointvile Road,
Joint Base MDL, New Jersey, 08640. See FCI Fort Dix,
(last visited June 2, 2017). The physical location of FCI
Fort Dix is not in Trenton, New Jersey.
Court also takes notice of the fact that according to the
Bureau of Prisons, mail to inmates of Fort ...