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Blackshear v. Ortiz

United States District Court, D. New Jersey

October 10, 2017

JAMAR BLACKSHEAR, Petitioner,
v.
WARDEN DAVID ORTIZ, Respondent.

          Jamar Blackshear Petitioner Pro se

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         Petitioner 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.

         I. BACKGROUND

         Petitioner provides the following summary of his underlying federal criminal proceedings:

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 Suppress.
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.)

         In his 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.

         II. DISCUSSION

         A. ...


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