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Redd v. Kirby
United States District Court, D. New Jersey
October 26, 2017
DERRICK VINCENT REDD, Petitioner,
WARDEN MARK KIRBY, Respondent.
Derrick Vincent Redd Petitioner Pro se
L. HILLMAN, U.S.D.J.
Derrick Vincent Redd, a prisoner confined at the Federal
Correctional Institution (“FCI”) in Fairton, New
Jersey, filed a writ of habeas corpus under 28 U.S.C. §
2241. (ECF No. 1.) At this time, the Court will review the
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 Petition will be dismissed.
provides the following procedural history in his Petition:
In 1997, the petitioner was charged in a seven-count
indictment with offenses related to the armed robberies of
three banks and the attempted robbery of a fourth. He pleaded
guilty to two counts of the indictment (counts 3 and 4) and
was convicted of the remaining counts following a jury trial
(Counts 1, 2, 5, 6, and 7). The Petitioner was sentenced on
August 22, 1997 for Counts 3 and 4, and on December 12, 1997
for Counts 1, 2, 5, 6, and 7. The convictions were affirmed
on direct appeal. United States v. Redd, 161 F.3d
793 (4th Cir 1998).
The Petitioner has repeatedly sought to collaterally attack
his convictions and sentence. In 2001, he filed a motion to
vacate pursuant to 28 U.S.C. § 2255. The Court denied
the petition. The Petitioner then appealed to the Fourth
Circuit, which found no reversible error and denied a
certificate of appealability and dismissed the appeal.
United States v. Redd, No. 01-6152 (April 18, 2001).
In 2003, the Petitioner filed a motion in the Fourth Circuit
seeking permission to file a successive application for
collateral relief, this time under 28 U.S.C. § 2244.
In re: Redd, No. 03-264. The Fourth Circuit denied
the Petitioner's motion. Id. (October 14, 2003).
In 2006, the Petitioner filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 in the Northern
District of West Virginia. Redd v. Haynes, Case No.
5:06cv113. The Petitioner subsequently moved to withdraw his
petition, which the District Court granted. Id.
In 2007, the Petitioner again filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241 in the
Northern District of West Virginia, which the District Court
dismissed. Redd v. Driver, Case No. 5:07cv168
(November 5, 2008). The Fourth Circuit dismissed the
Petitioner's appeal of this matter for his failure to
prosecute. Redd v. Driver, No. 08-8472 (February 5,
In 2007, the Petitioner filed two motions in the Fourth
Circuit seeking permission to file successive applications
for relief under 28 U.S.C. §2244. The Fourth Circuit
dismissed the Petitioner's first motion and denied the
second. In re: Redd, No. 07-100 (January 16, 2007);
In re: Redd, No. 07-212(July 19, 2007).
The petitioner subsequently filed a writ of mandamus, which
the Honorable Leonie M. Brinkema dismissed as a successive
§ 2255 petition. Redd v. United States, Case
No. 1:09cv1301 (February 16, 2010). The Fourth Circuit denied
authorization for Redd to file a successive §2255
petition and dismissed his appeal. United States v.
Redd, No 10-6586 (August 3, 2010).
The Petitioner then filed a common law writ of habeas corpus.
The Court dismissed the writ as a successive § 2255
petition. The Fourth Circuit denied a certificate of
appealability and dismissed the appeal. United States v.
Redd, No. 12-7216 (September 14, 2012).
The Petitioner also filed two timely second and successive
§ 2255 petition[s] relating to United States v.
Johnson, and ...
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