United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
Honorable Leo I. Brisbois United States Magistrate Judge
matter came before the undersigned United States Magistrate
Judge pursuant to a referral for report and recommendation in
accordance with the provisions of 28 U.S.C. § 636(b) and
Local Rule 72.1, and upon Petitioner William Mitchell's
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2241, [Docket No. 1].
reasons set forth below, the Court recommends that the
Petition for Writ of Habeas Corpus, [Docket No. 1], be
DENIED, and this action be
DISMISSED with prejudice.
BACKGROUND AND STATEMENT OF FACTS
following is taken from the May 11, 2016, Report and
Recommendation issued by Chief United States Magistrate Judge
James P. Donohue of the United States District Court for the
Western District of Washington, which was subsequently
adopted by United States District Judge Richard A. Jones.
See, Mitchell v. Ingram, No.
2:15-cv-1290-RAJ, Docket Nos. 27 and 28 (W.D. Wa. 2016).
On November 19, 2014, petitioner [William Mitchell] was
indicted in this district on multiple counts of bank robbery
and interference with commerce by robbery. On November 28,
2014, petitioner was ordered detained pending trial and he
was confined at FDC SeaTac for the duration of his criminal
proceedings in this Court .....
On February 25, 2015, petitioner was involved in a fight with
another inmate at FCD SeaTac. When staff attempted to break
up the fight, petitioner elbowed an officer in the face with
his elbow. Petitioner was charged with two violations: (1)
fighting with another person, and (2) assaulting another
person. A hearing was held before a disciplinary hearing
officer (“DHO”) on April 13, 2015, and petitioner
was found to have committed the prohibited acts as charged.
As a result of this finding, petitioner was given 60 days in
disciplinary segregation and 27 days of good conduct time
(“GCT”) were disallowed.
On May 12, 2015, petitioner filed an administrative remedy
appeal challenging the disallowance of the 27 days GCT on the
grounds that the DHO did not hold petitioner's hearing
for over 40 days, and the DHO failed to provide petitioner
with a copy of the report reflecting the DHO's decision.
The Western Regional Director for the Bureau of Prisons
(“BOP”) responded to petitioner's appeal on
June 8, 2015, advising that the Unit Disciplinary Committee
(“UDC”) and the DHO were being directed to rehear
the matter. [Petitioner] was further advised that if he was
dissatisfied with the response, he could appeal to the Office
of General Counsel.
On June 9, 2015, petitioner filed a second administrative
remedy appeal with the Western Regional Office of the BOP
challenging the same disciplinary matter, but that appeal was
rejected on June 11, 2015, for failure of petitioner to
provide necessary information in conjunction with the appeal.
[Petitioner entered a guilty plea in his underlying criminal
case on June 16, 2015.]
The DHO reheard the matter on June 29, 2015. Petitioner
refused to attend the rehearing because the rehearing was to
be conducted by the same DHO who conducted the original
hearing. Petitioner's designated staff representative
was, however, present at the hearing. The DHO once again
found that petitioner had committed the charged prohibited
acts and imposed the same sanctions. A copy of the DHO report
for the rehearing was sent to petitioner via the
institutional mailroom on July 16, 2015, but petitioner
claimed he never received the report. Another copy of the
report was personally delivered to petitioner on August 20,
2015[, ] by his staff representative.
Mitchell, No. 2:15-cv-1290-RAJ, Docket No. 27 (W.D.
Wa. 2016) (citations omitted).
September 24, 2015, Petitioner filed a Petition for Writ of
Habeas Corpus in the United States District Court for the
Western District of Washington. Id. at Docket No. 6.
Therein, he alleged that “he was deprived of good time
credits without due process of law” by the
aforementioned disciplinary proceedings. Id. at
Docket No. 27, p. 1.
January 22, 2016, while his petition for habeas relief in the
United States District Court for the Western District of
Washington was pending, Petitioner was sentenced to 127