Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mauldin v. Young

United States District Court, S.D. West Virginia, Beckley

January 18, 2019

ALFRED LEE MAULDIN, Petitioner,
v.
D.L. YOUNG, Warden, FCI Beckley, Respondent.

          PROPOSED FINDINGS AND RECOMMENDATION

          DWANE L. TINSLEY UNITED STATES MAGISTRATE JUDGE.

         These consolidated matters are assigned to the Honorable Irene C. Berger, United States District Judge, and referred to the undersigned United States Magistrate Judge for submission of proposed findings and a recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). Pending for disposition by the court are the petitioner's section 2241 petitions challenging the calculation of his Earned Statutory Good Conduct Time (“ESGCT”) and a Motion to Issue Injunction Against the Warden and Adm/Staff to Stop Withholding Legal Mail (ECF No. 46).

         For the reasons set forth herein, it is respectfully RECOMMENDED that the petitioner's Petition for Writ of Habeas Corpus (Case No. 5:17-cv-02312, ECF No. 3; Case No. 5:17-cv-02626, ECF No. 1) be DENIED and that his Motion to Issue Injunction Against the Warden and Adm/Staff to Stop Withholding Legal Mail (ECF No. 46) be DENIED AS MOOT.

         RELEVANT PROCEDURAL HISTORY

         In 1995, the petitioner was convicted of three felony drug and firearm offenses in the United States District Court for the Middle District of Tennessee. He was sentenced to serve 322 months in prison, followed by a six-year term of supervised release. After an unsuccessful direct appeal, the petitioner has filed numerous motions and petitions for post-conviction relief, both in his court of conviction, and in other courts in the jurisdictions where he has been incarcerated. The petitioner's filings in these various courts appear to have run the gamut of claims challenging his convictions and the imposition of his sentence, his conditions of confinement, tort claims and retaliation claims against Federal Bureau of Prisons (“BOP”) officials, Freedom of Information Act and Privacy Act claims, and claims concerning the calculation of his ESGCT.

         At the time he filed the instant petitions, the petitioner was incarcerated at FCI Beckley in Beckley, West Virginia, with a projected release date of May 4, 2019. As noted in the Memorandum Opinion and Order entered herein by Judge Berger on January 16, 2019, in addition to his challenge to his ESGCT, the petitioner's instant petitions, which were filed pursuant to 28 U.S.C. § 2241, also asserted “challenges to his arrest, conviction, and sentence, as well as an asserted effort by the [BOP] to conceal the alleged unlawful circumstances surrounding his arrest and conviction.” (ECF No. 54 at 3). Additional motions, and attachments thereto, appear to seek tort or other relief concerning the petitioner's conditions of confinement and treatment by BOP officials. However, such claims, even liberally construed, are insufficiently pled and fail to state a claim upon which relief can be granted herein.

         Judge Berger's January 16, 2019 Memorandum Opinion and Order found that all of the petitioner's claims concerning the validity of his arrest, conviction, and sentence, his claims of a coverup or other misconduct by BOP officials, and his claims concerning his conditions of confinement are not proper for review in this court under section 2241. Accordingly, the presiding District Judge has dismissed for lack of jurisdiction all claims other than the petitioner's claim concerning the calculation and application of his ESGCT.

         Therefore, this Proposed Findings and Recommendation will address only the claim concerning the calculation and application of the petitioner's ESGCT, which appears to have been correctly calculated. Additionally, as addressed further infra, based upon the petitioner's release from custody at FCI Beckley to a Residential Reentry Center in Nashville, Tennessee, his Motion to Issue Injunction Against the Warden and Adm/Staff to Stop Withholding Legal Mail (ECF No. 46) should be denied as moot.

         ANALYSIS

         A. The petitioner's claim concerning his ESGCT.

         Both of the petitioner's section 2241 petitions, which are not a model of clarity, assert that the BOP had inaccurately calculated and applied his ESGCT. He specifically contends that the BOP improperly withheld ESGCT and that he has overserved the imprisonment portion of his sentence. On April 18, 2018, as ordered by the undersigned, the respondent filed a Response concerning the application of the petitioner's ECGCT. The Response sets forth the following procedural history derived from the petitioner's Presentence Investigation Report and documents from his criminal proceedings:

         On September 20, 1995, the petitioner was indicted in the United States District Court for the Middle District of Tennessee, Case No. 1:95-cr-00006, on one count of Felon in Possession of a Firearm, one count of Possession with Intent to Distribute Cocaine, and one count of Use of a Firearm During a Drug Trafficking Crime. (ECF No. 29 at 1-2 and Ex. 1, Attach. A). These offenses were committed on August 4, 1995. (Id.)

         On September 28, 1995, the petitioner was arrested in Maury County, Tennessee, for Sale of Cocaine Over 5 Grams, Case Nos. 9110 and 9112, Facilitation of Sale of Cocaine, Case Nos. 9111 and 9114, and Delivery of Over 26 Grams of Cocaine, Case No. 9113. (Id. at 2 and Ex. 1). On September 29, 1995, a federal arrest warrant was executed concerning the September 20, 1995 indictment and the petitioner was taken into the custody of the United States Marshals Service (“USMS”). (Id. at 2 and Ex. 1, Attach. B, USMS Prisoner Tracking Form).

         On February 20, 1996, following his conviction by a jury on the federal charges, the petitioner was sentenced in the United States District Court for the Middle District of Tennessee to an aggregate term of 322 months in prison. (Id. at 2 and Ex. 1, Attach. C, Judgment in a Criminal Case). On March 21, 1997, all of the charges in Maury ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.