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Pinson v. Warden FMC Rochester

United States District Court, D. Minnesota

August 2, 2018

Jeremy Pinson, Petitioner,
v.
Warden FMC Rochester, Respondent.

          Jeremy Pinson, pro se.

          Erin Secord, Assistant United States Attorney, for Respondent.

          ORDER AND REPORT & RECOMMENDATION

          FRANKLIN L. NOEL UNITED STATES MAGISTRATE JUDGE

         THIS 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 Rule 72.1.

         For the 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. 24).

         I. BACKGROUND

         Petitioner's 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.[1]

         On 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.

         A. The Incident and Instant Petition

         Petitioner 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[2] 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.

         According 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.

         After 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.

         By 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 3.

         Following 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 Specialist ...


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