United States District Court, D. New Jersey
Blackshear Petitioner Pro se
L. HILLMAN, U.S.D.J.
Jamar Blackshear, a prisoner confined at the Federal
Correctional Institution (“FCI”) in Fort Dix, New
Jersey, filed a writ of habeas corpus under 28 U.S.C. §
2241. (ECF No. 1.) Because he failed to name a proper
respondent and failed to submit the filing fee or an in
forma pauperis application, the Court administratively
terminated this matter. (ECF Nos. 2, 3.) Petitioner
thereafter submitted the filing fee and an Amended Petition.
(ECF No. 4.) At this time, the Court will review the Amended
Petition pursuant to Rule 4 of the Rules Governing Section
2254 Cases, (amended Dec. 1, 2004), made applicable to §
2241 petitions through Rule 1(b) of the Habeas Rules. See
also 28 U.S.C. § 2243. For the reasons set forth
below, the Amended Petition will be dismissed.
provides the following summary of his underlying federal
On or about March 10, 2011, the United States secured a
complaint and arrest warrant charging Petitioner with intent
to distribute approximately 740 grams of a mixture and
substance containing cocaine, in violation of 21 U.S.C.
§ 841(A)(1), (b)(1)(B) and 18 U.S.C. § 2; and
possession, and aiding and abetting the possession of a
firearm in furtherance of a drug trafficking crime, in
violation of 21 U.S.C. § 841(A)(1) and 18 U.S.C.
§§ 924(c)(1) and (2). On March 14, 2011 federal
authorities arrested Petitioner on the complaint and
temporarily detained him. On April 13, 2011, a grand jury
sitting within the United States District Court for the
Eastern District of Pennsylvania returned a two-count
indictment against Petitioner. The indictment alleged the
same charges alleged in the March 10, 2011 complaint.
On May 12, 2011 Petitioner entered a plea of not guilty of
both counts in Petitioner's Indictment.
On November 7, 2011, Petitioner pled guilty of both counts
laid in the indictment. Under Petitioner's guilty plea
agreement, Petitioner preserved the right to appeal the
District Court's erroneous denial of his Motion to
On February 7, 2012, the District Court sentenced Petitioner
to a sixty (60) month sentence on Count and a (60) month
sentence of Count 2, to run consecutively to Count 1. The
District Court also imposed a four (4) year term of
supervised release and a special assessment of $ 200.
(Am. Pet. 2-3.) Petitioner states that he was initially
arrested by the Philadelphia police and charged by the
Philadelphia Commonwealth Attorney's Office, but his case
was then referred to the United States Attorney's Office
through a program called “Project Safe
Neighborhood.” (Am. Pet. 3-4.)
Amended Petition, Petitioner argues that “he received
ineffective assistance of counsel during the Commonwealth
court pretrial proceeding where counsel failed to investigate
the totality of his case and discover that the Commonwealth
Attorney's Office failed to adhere to Project Safe
Neighborhood's criteria mandate during the commonwealth
Court proceedings and inquire to the Commonwealth Court to
decide whether the Commonwealth Attorney's motion for
nolle prosequi (withdrawal) in bad faith.” (Am. Pet.
7.) In sum, Petitioner raises various ineffective assistance
of counsel claims with regard to his attorney's actions
during his federal criminal proceedings.