NOEL L. HILLMAN, District Judge.
This matter is before the Court upon a Motion to Alter or Amend Judgment (ECF No. 7) filed by Petitioner Donald G. Jackman, Jr., a prisoner confined at the Federal Correctional Institution in Fort Dix, New Jersey. Petitioner has also filed a Motion for Leave to File an Amended Complaint (ECF No. 8), a Motion for an Order Compelling Discovery (ECF No. 14), a Motion to Supplement the Proceedings (ECF No. 22), as well as multiple other applications and letter requests. For the reasons set forth below, the motions will be denied and the case will be closed.
The procedural history of Petitioner's underlying criminal matter and his subsequent habeas filings is articulated in the Court's September 24, 2012 Opinion denying his writ for habeas corpus. In relevant part, the Opinion explains that Petitioner was sentenced to a 262-month, and a 120-month concurrent, term of imprisonment,
On or about August 11, 2012, while confined at FCI Fairton in New Jersey, Petitioner filed a second § 2241 petition before this Court. Because this Court determined that Petitioner did not establish that a motion to vacate under 28 U.S.C. § 2255 was inadequate or ineffective to test the legality of his detention, this Court summarily dismissed that petition for lack of jurisdiction.
On or about March 21, 2014, after his transfer to FCI Fort Dix, Petitioner filed the instant habeas petition. (ECF No. 1). On January 7, 2015, this Court again dismissed the Petition for lack of jurisdiction. (ECF No. 6).
Petitioner filed a Motion to Alter or Amend the Judgment pursuant to Federal Civil Procedure Rule 59, which the Court now addresses. In his Motion, Petitioner confirms that he is, in fact, challenging his 2002 sentence. (Mot. 2, ECF No. 7). He admits that he previously challenged this sentence in United States District Courts in the Western District of Pennsylvania, in the Northern District of Ohio, and in the District of New Jersey. However, Petitioner asserts that each of those denials or dismissals was improper.
Petitioner contends that this Court does, in fact, have jurisdiction over his Petition. He explains that he is filing his Petition under the provisions of Article I, § 9 of the Constitution which, he asserts, does not limit the number of times a writ challenging the validity of confinement can be filed. Petitioner objects to his Petition being characterized as a petition under § 2241 or § 2255. (Mot. 3-4, ECF No. 7). Finally, Petitioner implies that his constitutional rights have been violated because, in his previous habeas corpus proceedings, he was not appointed counsel, no evidentiary hearing was conducted, no findings of fact were undertaken, no discovery was ordered, no audio tapes were made available, and no evidence was released by the United States Attorney's Office. (Mot. 3, 5-7, ECF No. 7).
Petitioner also reiterates some of the arguments set forth in his initial Petition in this case. Specifically, Petitioner asserts that he is unlawfully detained because the device — for which a jury convicted Petitioner of unregistered possession — was not required to be registered pursuant to 26 U.S.C. § 5681(d). Thus, Petitioner contends there could be no violation of that statute. Further, Petitioner states that he was not a felon in possession in violation of 18 U.S.C. § 922(g)(1), and that he did not possess three predicate offenses which would subject him to a sentence enhancement pursuant to 18 U.S.C. § 924(e)(1). Finally, though he admittedly did not raise this issue in his initial Petition, Petitioner questions how a "forfeiture [was] allowed to commence under 21 U.S.C. § 881 when this case involved no drugs or the proceeds from drugs[.]" (Mot. 8, ECF No. 7).
Petitioner labeled his motion as a Motion to Alter or Amend this Court's Order dismissing his Petition for lack of jurisdiction. Rule 59(e) of the Federal Rules of Civil Procedure provides that a motion to "alter or amend a judgment" must be filed within 28 days of the entry of the judgment. FED. R. CIV. P. 59(e). A post-judgment motion "will be considered a Rule 59(e) motion where it involves `reconsideration of matters properly encompassed in a decision on the merits.'"
"The scope of a motion for reconsideration . . . is extremely limited."
Petitioner argues that alteration or amendment of the Order dismissing his Petition for lack of jurisdiction is necessary to prevent a "manifest injustice." (Mot. 8, ECF No. 7).
The crux of Petitioner's argument is that this Petition, and his previous petitions, were improperly dismissed for lack of jurisdiction. Specifically, Petitioner asserts that this Court has jurisdiction pursuant to Article I, § 9 of the Constitution. He argues that the Constitution supersedes statutory law and that each time Petitioner is transferred to another custodian (i.e., to another facility), a new detention begins. Presumably, Petitioner believes that he may file a new habeas corpus petition challenging the legality of his detention each time he is transferred.
This Court previously explained to Petitioner that the Writ of Habeas Corpus protected under Article I is one and the same as that authorized by Congress under 28 U.S.C. § 2241.
This Court now clarifies that the reference to a Writ of Habeas Corpus in Article I, § 9, Clause 2 of the Constitution does not confer jurisdiction upon district courts. Rather, it simply places limitations on when the privilege of a writ of habeas corpus may be suspended.
This Court further notes that federal courts are courts of limited jurisdiction, and they possess only the jurisdiction and powers authorized by Article III of the Constitution and the statutes enacted by Congress.
In the habeas corpus context, the Supreme Court has stated, "we have long recognized that `the power to award the writ by any of the courts of the United States, must be given by written law[.]'"
Thus, federal courts have jurisdiction and authority to issue writs to federal prisoners
Petitioner is mistaken in his belief that he may file an unlimited amount of writs for habeas corpus under Article I, § 9, Clause 2 of the Constitution. As a federal prisoner challenging his conviction, any request for a writ of habeas corpus that Petitioner submits to a federal court is governed by 28 U.S.C. §§ 2241 or 2255.
Also in his Motion, Petitioner objects to the recharacterization of his Petition as one filed pursuant to §2241. (Mot. 3, ECF No. 7). Petitioner asserts that such recharacterization is contrary to the Supreme Court's holding in
In
The instant case presents a substantially different procedural scenario. Petitioner in this case concedes that he previously filed a motion pursuant to § 2255. Thus, any subsequent § 2255 motion already was, and is, "second and successive." Accordingly, recharacterization of the instant motion does not carry with it the consequences and the potential risks discussed in Justice Scalia's concurring opinion in
Petitioner argues that his Constitutional claims have never been addressed upon their merits. (Mot. 5, ECF No. 7). Specifically, Petitioner states that "`NO' examination into the causes and pretext of Petitioner's detention have been undertaken by this court as required by Habeas Corpus ad subjiciendum, only `opinions' issued without discovery, evidentiary hearing, conclusions of law, or opportunity to present evidence in violation of the Sixth Amendment." (
As an initial matter, the Court notes that Petitioner's previous pleadings were dismissed for lack of jurisdiction.
Moreover, the claims raised in Petitioner's initial motion to vacate pursuant to 28 U.S.C. § 2255 were addressed on the merits in a thorough opinion dated December 22, 2006.
Finally, the Court responds to Petitioner's contention that he was improperly denied appointment of "counsel as required by
Moreover, as will be explained in further detail below,
Accordingly, to the extent Petitioner asserts that his constitutional rights were violated because his claims were unfairly or improperly dismissed — or "opined," (Mot. 2, ECF No.
7) — without adequate consideration by the courts, or without adequate due process, this argument is without merit.
For the foregoing reasons, Petitioner has failed to identify a manifest injustice that would be prevented by the granting of his motion.
On or about February 10, 2015, Petitioner filed a document titled "Motion for Leave to File an Amended Complaint." This document, however, is more appropriately characterized as a submission in support of Petitioner's pending Motion to Alter or Amend the Judgment. In this document, Petitioner again attempts to assert that this Court does, in fact, have jurisdiction over his request for a writ of habeas corpus. In support of this position, Petitioner cites case law which establishes that "§ 2241 petitions challenging the execution of a federal sentence generally must be filed in the district of confinement[.]"
At the outset, this Court notes that the petitioner in the case cited above was challenging the
As a result, in addition to the venue limitation (i.e., the requirement that the petition must be filed in the district of confinement), Petitioner must also show that § 2255 is an inadequate and ineffective remedy in order to establish jurisdiction before this Court under § 2241. As explained earlier, and in the Orders referenced above, Petitioner has failed to make this showing. Accordingly, this Court lacks jurisdiction to consider his challenges to his conviction and sentence pursuant to § 2241.
Also, in this submission Petitioner directs this Court's attention to Federal Rule of Appellate Procedure 22(a) "for instruction and guidance" in reassessing its determination that it lacks jurisdiction. (Mot. 1, ECF No. 8). However Rule 22(a) simply explains the procedural relationship between district courts and appellate courts in habeas proceedings. It short it assumes jurisdiction; it does not confer it. Accordingly, this argument is without merit.
Finally, in this submission Petitioner again implies that he has been denied some sort of due process because "at no time during this or any other proceeding have the courts where matters were filed, conducted any inquiry into the validity or merits of claims presented, ordered discovery, made findings of fact or conclusions of law, or conducted any proceedings[.]" (Mot. 1, ECF No. 8). As discussed above, Petitioner raised a similar argument in his Motion to Alter or Amend the Judgment. (ECF No. 7). The Court again reminds Petitioner that he received the opportunity to have these matters heard on the merits at trial in 2002. He then was able to voice his challenges on appeal in 2003. Finally, he was able to raise challenges in his motion to vacate in 2004 and Petitioner does not allege that he has received authorization from the Third Circuit to file a second or successive motion under § 2255.
Therefore, Petitioner has no right — statutory, constitutional, or otherwise — to relitigate issues, or raise new ones, in subsequent requests for writ of habeas corpus.
Further, as explained above, this Court and the district court for the Northern District of Ohio lack jurisdiction to consider Petitioner's challenges; therefore, no evidentiary hearing could have been, or can be, ordered. Finally, to the extent Petitioner means to assert that the District Court of Western Pennsylvania improperly denied him an evidentiary hearing during his first motion pursuant to § 2255, this Court notes that Petitioner had the opportunity to appeal that decision.
Accordingly, Petitioner has not been denied due process and there exists no manifest injustice which warrants granting Petitioner's Rule 59(e) motion. For these reasons, Petitioner's motion titled "Motion for Leave to File Amended Complaint and Demand for Judgment" (ECF No. 8) is denied.
In this submission, Petitioner seeks an Order compelling Respondents to produce requested documentation. He also seeks $100 as compensation for expenses incurred in obtaining the Order because Respondents' "refusal to produce the documents had no substantial justification." (Mot. 3, ECF No. 14).
In light of the fact that the Court denies Petitioner's Motion to Alter and Amend the Judgment and will reclose the case, Petitioner's Motion for an Order Compelling Discovery is denied as moot. Moreover, the Court notes that the Court did not order an answer from Respondents, thus they have not, as Petitioner alleges, refused to produce documents.
Petitioner recently filed a Motion to Supplement the Proceedings in which he seeks to add an argument regarding the application of the Armed Career Criminal Act ("ACCA"). Specifically, Petitioner cites to two recently decided decisions in the Seventh and Fourth Circuits.
Because the Court denies Petitioner's Motion to Alter or Amend the Judgment, and because the case will be reclosed, Petitioner's Motion to Supplement the Proceedings is denied as moot. Moreover, the cases cited by Petitioner, as decisions of other circuit courts, are not binding on this Court and, thus, do not provide a basis for a habeas corpus petition.
The Court notes that Petitioner has filed numerous other letter requests and submissions. Specifically, he has submitted:
The Court has carefully reviewed each of these documents and determines that no action from the Court is warranted at this time. To the extent Petitioner intended these submissions to be considered as motions or informal requests, they are denied. However, for purposes of clarification, the Court will comment on four of Petitioner's submissions.
First, it is evident from this submission that Petitioner believes that he is entitled to counsel in this civil action. Petition is mistaken. As discussed above, "[t]here is no `automatic' constitutional right to counsel in a federal habeas corpus proceeding."
In his submission, Petitioner indicates that he intends to proceed
Petitioner clarifies in this submission that he does not want his Petition to be construed as a petition pursuant to 28 U.S.C. § 2241. He again asserts that he has filed his Petition under the provisions of Article I, § 9, Clause 2 of the Constitution.
As explained above, however, Article I, § 9, Clause 2 of the Constitution does not confer jurisdiction upon this Court. Therefore, if this Court were to consider the instant Petition as one filed pursuant to Article I, § 9, Clause 2 of the Constitution, it would likewise dismissed for lack of jurisdiction.
In this submission, Petitioner sets forth an entirely new argument premised upon the Supreme Court's recent decision in
The Court received a letter from Petitioner dated June 1, 2015 which he refers to as an "
Therefore, this document will not appear on the docket and will not be considered by the Court. As explained above, Petitioner's motions are denied and this case will be closed. To the extent Petitioner wishes the Court to consider the content of his June 1, 2015 letter, he may submit same in conjunction with a future filed petition with the knowledge that said document will likely be available to the public.
For the foregoing reasons, Petitioner's Motion to Alter or Amend Judgment (ECF No. 7) is denied. Likewise, this Court also denies Petitioner's Motion for Leave to File an Amended Complaint (ECF No. 8), his Motion for an Order Compelling Discovery (ECF No. 14), and his Motion to Supplement the Proceedings (ECF No. 22). The Clerk of the Court will be ordered to reclose this case.
Petitioner is permitted to file a separate petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 to raise his argument based on the Supreme Court's recent decision in
An appropriate Order will be entered. At Camden, New Jersey
Section 2255, however, contains a safety valve where "it appears that the remedy by motion is inadequate or ineffective to test the legality of [Petitioner's] detention."
As explained by this Court in its Order dismissing the instant Petition (ECF No. 5), by this Court in its Order dismissing Petitioner's previous petition in Civil Case No. 12-5249,
Furthermore, to the extent Petitioner meant to bring this Petition pursuant to § 2255, it must also be dismissed for lack of jurisdiction. Petitioner previously filed a motion pursuant to § 2255 challenging the validity of his 2002 conviction and sentence, and Petitioner does not allege that he sought and received permission from the Third Circuit to bring a second § 2255 petition. Thus, the instant Petition would be considered a second or successive motion under § 2255, for which Petitioner has not received authorization to file, and over which this Court lacks jurisdiction.