United States District Court, D. Minnesota
Darvell D. York, Petitioner,
United States of America and Denese Wilson, Respondents.
Darvell D. York, pro se.
Ana H. Voss, Assistant United States Attorney, United States Attorney's Office, Minneapolis, MN, on behalf of Respondents.
MEMORANDUM OPINION AND ORDER
ANN D. MONTGOMERY, District Judge.
This matter is before the undersigned United States District Judge for consideration of Darvell D. York's ("York") Objections [Docket No. 4] to Magistrate Judge Becky R. Thorson's April 20, 2015 Report and Recommendation [Docket No. 3] ("R&R"). Judge Thorson recommends that York's Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 [Docket No. 1] ("Petition") be summarily dismissed for lack of subject matter jurisdiction. After a thorough de novo review of the record and for the reasons set forth below, York's Objections are overruled and the R&R is adopted.
In 2005, York was indicted in the United States District Court for the Northern District of Illinois on one count of knowingly and intentionally distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1). See United States v. York, No. 1:04-CR-257 (N.D. Ill. Compl. filed Mar. 8, 2004). York was convicted after a jury trial and was sentenced to a 360-month term of imprisonment. R&R at 2. The Seventh Circuit affirmed York's conviction and sentence on appeal. See United States v. York, 572 F.3d 415 (7th Cir. 2009).
In 2010, York filed a 28 U.S.C. § 2255 motion in the Northern District of Illinois seeking to vacate, set aside, or correct his sentence. See United States v. York, No. 1:10-CV-5098, 2011 WL 3651326 (N.D. Ill. Aug. 16, 2011). In his § 2255 motion, York sought relief on two grounds. First, he claimed his trial attorney provided ineffective assistance of counsel by failing to investigate the statements of Tracy Mitchell, a confidential informant. Id. at *1. Second, he asserted the government committed prosecutorial misconduct by failing to disclose exculpatory evidence related to Mitchell's statements and by permitting witnesses to present false testimony. Id . The § 2255 motion was denied on the merits. Id. at *2.
York is confined at FCI Sandstone within the District of Minnesota and now brings this § 2241 petition for habeas relief. York again alleges that he received ineffective assistance of counsel and that the government committed prosecutorial misconduct in having a witness testify falsely at trial. York also argues that he was the victim of government entrapment, coercion, and that the government "cannot prove that [he] was part of a conspiracy....". Pet. at 12. Lastly, York seems to make the overarching argument that he is actually innocent.
A. Standard of Review
In reviewing an R&R, a district court "shall make a de novo determination of those portions of the report or specified proposed finding or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C); see also D. Minn. LR 72.2(b). A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.
B. York's Petition for Relief
A federal prisoner challenging the imposition of a conviction must ordinarily do so through a § 2255 motion submitted to the sentencing court. Hill v. Morrison, 349 F.3d 1089, 1091 (8th Cir. 2003) ("It is well settled [that] a collateral challenge to a federal conviction or sentence must generally be raised in a motion to vacate filed in the ...