United States District Court, D. New Jersey
DANNY L. BLACKMON, Petitioner,
UNITED STATES OF AMERICA, Respondent.
Blackmon, Petitioner pro se, Federal Correctional
Institution, Inmate Mail/Parcels.
B. SIMANDLE U.S. DISTRICT JUDGE.
Danny L. Blackmon, a federal prisoner confined at FCI Fort
Dix, New Jersey, has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. [Docket Entry 1].
He has also moved for discovery, [Docket Entry 2], and for
the appointment of counsel, [Docket Entry 3]. Petitioner
argues there is “newly discovered evidence” that
he was mentally incompetent to stand trial. [Docket Entry 1
¶¶ 2-3]. He states that his subsequent trial and
conviction violated his due process rights as a result.
[Id. ¶ 6].
reasons expressed below, the Court will dismiss the petition
for lack of jurisdiction and terminate the motions.
August 13, 2003, a grand jury sitting in the Eastern District
of North Carolina issued an indictment against Petitioner
charging him with kidnapping his wife from within Camp
Lejeune Marine Corps base, 18 U.S.C. § 1201; and four
counts of aggravated sexual abuse, 18 U.S.C. §
Entry 1 at 6; Docket Entry 1-1 at 6-8]. In a trial that began
on April 5, 2004, Petitioner was convicted of kidnapping and
acquitted of the sexual abuse charges at trial. United
States v. Blackmon, No. 03-cr-00077 (E.D. N.C. Dec. 14,
2004).  The district court imposed a
365-month sentence on December 14, 2004. [Judgment of
Conviction, Blackmon, No. 03-cr-00077 (E.D. N.C.
Dec. 14, 2004), Docket Entry 79]. The United States Court of
Appeals for the Fourth Circuit upheld his conviction and
sentence. [Docket Entry 1 at 7]. See also United States
v. Blackmon, 209 Fed.Appx. 321, 323 (4th Cir. 2006) (per
curiam), cert. denied, 549 U.S. 1358 (2007).
filed a motion to correct, vacate, or set aside his federal
sentence under 28 U.S.C. § 2255 on April 24, 2007 in the
United States District Court for the Eastern District of
North Carolina. [Docket Entry 1 at 7]. See also Blackmon
v. United States, No. 07-0126 (E.D. N.C. Dec. 28, 2007).
The district court denied the motion, and the Fourth Circuit
denied a certificate of appealability. [Docket Entry 1 at 7].
See also United States v. Blackmon, 275 Fed.Appx.
188 (4th Cir. 2008) (per curiam).
years later, in July 2017, Petitioner filed an institutional
remedy within Fort Dix to correct allegedly incorrect
information contained within his Public Information Inmate
Data. [Docket Entry 1 at 8; Docket Entry 1-1 at 3]. According
to Petitioner, the data report referenced a statutory rape
charge even though he had never been charged with statutory
rape and had been acquitted of all the sexual abuse charges
at trial. [Docket Entry 1-1 at 2]. The warden denied
Petitioner's request on August 17, 2017, stating:
A review of your case reveals on December 14, 2004, you were
sentenced to a term of 365-months for Kidnaping.[sic] Prior
to trial, on October 02, 2003, you were committed to FCC
Butner for 30 days to determine if you were mentally
competent for trial. One of the charged offenses at that time
was Statutory Rape, and that charge was entered under
“Offense/Charge” in order to document your
designation to the Bureau of Prisons for the 18 U.S.C. §
4241 competency determination. This does not represent a
conviction. Because you were solely found guilty and
sentenced for Kidnapping, the Public Information Inmate Data
reflects the conviction of Kidnapping.
[Id. at 4]. Petitioner appealed to the BOP Regional
Director, M.D. Carvajal. [Id. at 9]. Director
Carvajal denied the appeal and stated in relevant part:
In addition, your Public Information Data reflects that on
September 24, 2003 the United States District Court for the
Eastern District of North Carolina ordered your
hospitalization in accordance with 18 U.S.C. §§
4241 thru 4245, for a competency evaluation. As a result of
the subsequent court-ordered evaluations, you were determined
to be mentally incompetent to stand trial.
at 9]. Petitioner wrote to the Central Office of the BOP and
requested a copy of his court-ordered evaluation.
[Id. at 10]. The Central Office upheld the denial of
Petitioner's request to have his Public Information
Inmate Data report changed and told Petitioner to ...