United States District Court, D. Minnesota
Pinson, pro se.
Secord, Assistant United States Attorney, for Respondent.
ORDER AND REPORT & RECOMMENDATION
FRANKLIN L. NOEL UNITED STATES MAGISTRATE JUDGE
MATTER came before the undersigned United States
Magistrate Judge on Petitioner's Petition for a Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1),
and Petitioner's motion to supplement the record (ECF No.
24). The Petition was referred to the undersigned for Report
and Recommendation pursuant to 28 U.S.C. § 636 and Local
reasons set forth below, this Court recommends that
Petitioner's Petition for Writ of Habeas Corpus (ECF No.
1) be DENIED, and DENIES
Petitioner's motion to supplement the record (ECF No.
request for habeas corpus relief under 28 U.S.C. § 2241
stems from an October 2, 2016, prison incident and a February
13, 2017, prison disciplinary decision resulting in
Petitioner losing a portion of accrued good time, potentially
affecting Petitioner's release date.
April 2, 2007, and December 8, 2008, Petitioner was convicted
in the Western District of Oklahoma and Southern District of
Texas of violating 18 U.S.C. § 871(a) and §876.
See generally ECF No. 8. Petitioner was sentenced to
252 months of detention with an expected release date of June
15, 2026. See id. at 4. Petitioner is currently an
inmate at the Federal Medical Center in Rochester, Minnesota
(“FMC Rochester”). See ECF No. 1 at 1.
The Incident and Instant Petition
has a history of significant mental health challenges
including schizophrenia, delusion, psychosis, and explosive
personality disorder. See ECF No. 12, Ex. I at 2.
Petitioner has been disciplined on eighty two occasions
during their federal incarceration. See ECF
No. 12 at 4. On December 22, 2016, Petitioner received a
citation for an October 2, 2016, incident at the Federal
Correctional facility in Terre Haute, Indiana. See
id.; see also ECF No. 12, Ex. C at 2. The
citation, Incident Report No. 2902781, alleged violations of
Terre Haute facility Code 101, Assaulting with Serious
Injury; Code 228, Self-Mutilation; and Code 104, Possessing a
Dangerous Weapon. See id.
to Incident Report No. 2902781, on the evening of October 2,
2016, a security dispatch report came in that Petitioner had
struck a lieutenant with a closed fist in their cell, and
that Petitioner had cut a portion of their own scalp, right
arm, and had cut out one of their testicles, inserting
various metal foreign objects into their scrotum and flushing
the cut-out testicle down the toilet. See Id. at
1-2. A subsequent medical evaluation performed by facility
Nurse May confirmed that Petitioner had deeply lacerated
their right scalp, forearm, and vertically cut through their
scrotum, although both testicles appeared present. See
Id. at 2.
struggling to subdue Petitioner, the responding Terre Haute
officers, Lieutenant Rodriguez, Senior Officer A. Wible, and
Officer Sherfick, placed Petitioner in restraints.
Id. Later at an administrative hearing, Petitioner
remarked that “what happened [was] extremely
unfortunate and I feel very bad for it.” ECF 12, Ex. I
at 1. “I severed an artery in my right arm and cut open
my scrotum and attempted to take out . . . my testicles. I
was flailing my arms and a loose restraint did strike the
Lieutenant in the head.” Id. “What made
all this worse is about 45 minutes before they got me out of
the cell I inhaled K2 laced with PCP so a lot of what
happened is not real clear to me.” Id.
December 13, 2016, Petitioner had been transferred to the
Federal Medical Center in Springfield, Missouri (“FMC
Springfield”). See ECF No. 12 at 6. On
December 22, 2017, Petitioner was provided a copy of Incident
Report No. 2902781 by FMC Springfield staff. Id.
Because of Petitioner's mental health history, FMC
Springfield requested a competency evaluation before
commencing disciplinary proceedings regarding the October 2,
2016, Terre Haute incident. See Id. On January 4,
2017, Dr. John Brandt, the Chief of Psychology at FMC
Springfield, found that Petitioner was “competent to
proceed with the disciplinary process and was responsible at
the time of the alleged offense.” ECF No. 14, Ex. E at
that, on January 17, 2017, FMC Springfield staff conducted an
initial hearing on Incident Report No. 2902781. See
ECF No. 12 at 7. Petitioner was advised of their rights
during the hearing, and was provided an opportunity to call
witnesses and request the support of a staff representative.
See ECF No. 12 at 7; see also ECF No. 12,
Exs. F and H. Petitioner requested that Senior Officer