United States District Court, D. Minnesota
Fairade Frederick Dorsey, Pro Se
Ana H. Voss, D. Gerald Wilhelm, and Pamela Marentette, Esqs., Respondent.
REPORT AND RECOMMENDATION
STEVEN E. RAU United States Magistrate Judge
The above-captioned case comes before the underDated: Petitioner Fairade Frederick Dorsey’s (“Dorsey”) Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241(“Petition”) [Doc. No. 1] and Respondent D. Wilson’s (“Warden Wilson”) Motion to Dismiss [Doc. No. 8]. This matter has been referred for a Report and Recommendation pursuant to 28 U.S.C. § 636 and District of Minnesota Local Rule 72.1. For the reasons stated below, the Court recommends granting the Motion to Dismiss.
Dorsey is currently an inmate at the Federal Correctional Institute–Sandstone (“FCI– Sandstone”). (Decl. of Julie Groteboer, “Groteboer Decl.”) [Doc. No. 10 ¶ 3]. The Honorable John H. McBryde, United States District Court for the Northern District of Texas, imposed a sentence of 120 months of imprisonment, followed by three years of supervised release, for his conviction of “Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1).” (Id.). His projected release date, taking into consideration his good conduct time (“GCT”), was July 31, 2019, at the time Warden Wilson filed her Motion to Dismiss. (Id.). Dorsey’s updated projected release date is now July 19, 2019. (Decl. of Julie Groteboer, “Suppl. Groteboer Decl.”) [Doc. No. 13 ¶ 5].
Dorsey was an inmate at Federal Correctional Institution–Big Spring, Texas (“FCI–Big Spring”) on March 13, 2014, when, following an investigation, he was charged with stalking another person in violation of Code 255. (Groteboer Decl. ¶¶ 3, 4). Lieutenant Schmidt delivered a copy of the incident report to Dorsey and read it to him. (Id. ¶ 5). The incident was referred to the Unit Discipline Committee (“UDC”), which held a hearing on March 15, 2014. (Id. ¶¶ 5–6). Dorsey denied the charge, and because of its severity, the matter was referred to the Disciplinary Hearing Officer (“DHO”). (Id. ¶ 6). On March 21, 2014, Dorsey appeared before the DHO, and denied the stalking charge. (Id. ¶ 7). The DHO found that Dorsey did not commit stalking, but did refuse to obey an order in violation of Code 307. (Id.). The DHO imposed the following sanction on Dorsey: “disallowance of 14 days of GCT, 60 days disciplinary segregation, and 180 days loss of commissary, visiting, telephone, and email privileges.” (Id. ¶ 8).
Dorsey filed his Petition on November 7, 2014, pursuant to 28 U.S.C. § 2241. See (Pet.). In his Petition, Dorsey alleges three grounds for relief: (1) the DHO violated his due process rights when he lost 14 days of GCT as the result of the DHO sanctions at FCI–Big Spring; (2) his Fourteenth Amendment equal protection rights were violated when staff members “falsely accused [him] of exhibiting aggressive or intimidating behavior towards females, made [him] a C.I.M. assignment[, ] and requested a close supervision transfer”; and (3) his First Amendment rights were violated when he was transferred to FCI–Sandstone, a so-called “less agreeable prison, ” in retaliation for “fil[ing] grievances against prison officials.” (Pet. at 3–4). The Court ordered Warden Wilson to answer Dorsey’s Petition by December 30, 2014, and notified Dorsey that any reply to Warden Wilson’s answer must be filed thirty days after the answer is filed. (Order Dated Dec. 8, 2014) [Doc. No. 3].
The Court granted Warden Wilson additional time to respond to the petition to conduct a factual investigation. (Text Only Entry: Order Dated Jan. 5, 2015) [Doc. No. 7]. The Bureau of Prisons (“BOP”) rewrote the incident report relating to the Code 307 violation (refusing to obey an order), changed the incident status to “pending, ” and provided the rewritten incident report to Dorsey on January 12, 2015. (Groteboer Decl. ¶¶ 9–10). Dorsey appeared before the UDC on January 14, 2015, where he was advised of his rights and of the rehearing. (Id. ¶ 11). Dorsey denied the charge, but the UDC found that he had committed the violation. (Id.). Dorsey “was sanctioned to 180 days loss of commissary, visiting, telephone, and email privileges, ” and the UDC noted that these sanctions had already been completed. (Id.). Dorsey was notified of the UDC’s findings and advised that he had the right to appeal within twenty calendar days. (Id.). The BOP removed the sanctions of disallowance of fourteen days of GTC and sixty days of disciplinary segregation from Dorsey’s disciplinary record. (Id. ¶ 12).
Warden Wilson filed her Motion to Dismiss on January 15, 2015. (Mot. to Dismiss). Warden Wilson argues that because the BOP restored Dorsey’s GCT and took other remedial administrative measures, the first ground of Dorsey’s Petition is moot. (Mem. in Supp. of Resp’t’s Mot. to Dismiss 28 U.S.C. § 2241 Pet., “Resp’t’s Mem. in Supp.”) [Doc. No. 9 at 5–6]. Warden Wilson also argues the remaining grounds should be dismissed because they “do not bear on the legality or duration of Dorsey’s confinement[, ]” as required by § 2241. (Id. at 6–7). Finally, Warden Wilson argues that an evidentiary hearing is not necessary because the relevant facts are not disputed. (Id. at 7). Warden Wilson submitted a supplemental declaration on February 3, 2015, stating that the restoration of Dorsey’s GCT is now reflected in Dorsey’s records. (Suppl. Groteboer Decl. ¶ 5).
Dorsey did not file any response to Warden Wilson’s Motion to Dismiss.
“Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.” 28 U.S.C. § 2241(a). But writs of habeas corpus “shall not extend to a prisoner unless . . . [h]e is in custody in violation of the ...