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Taylor v. U.S. Probation Office

September 29, 2006

MILTON JOSEPH TAYLOR, PLAINTIFF,
v.
U.S. PROBATION OFFICE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Emmet G. Sullivan United States District Judge

MEMORANDUM OPINION

This matter is before the Court on a motion to dismiss filed on behalf of defendants United States Probation Office and Anthony Hill,*fn1 and plaintiff's "Motion for Court to Serve Additional Defendants in this Case." The Court will grant the former, deny the latter, and dismiss this action.

I. BACKGROUND

Notwithstanding the length of plaintiff's Amended Complaint, the pleading utterly fails to set forth in any organized way the events giving rise to this action.*fn2 In order to understand the background of this case, the Court relies not only on the papers filed in the instant civil action, but also the record of plaintiff's criminal case, United States v. Taylor, Crim. No. 97-35-01 (PLF), and the government's opposition to a prior habeas petition, Taylor v. Dep't of Corrections, Civ. No. 04-1288 (JR). For convenience, the Court will refer to filings in the criminal case by docket number ("Cr. Dkt. #") or docket entry date ("Cr. Dkt. Entry"), and to the government's Opposition to Petitioner's Petition for Writ of Habeas Corpus as "Gov't Opp."

Plaintiff, who had been charged with various offenses stemming from his participation in a counterfeiting and money laundering scheme, entered a guilty plea in this court on May 19, 1997 to one count of possessing stolen mail. See Crim. Dkt. Entry 5/19/97. On November 13, 1997, Judge Friedman imposed a sentence of 27 months' incarceration followed by a three-year term of supervised release. Crim. Dkt. Entry 11/13/97. In addition, plaintiff was to pay a special assessment of $50 and restitution of $5,000. Id. The supervised release term began on October 29, 1999. See Gov't Opp., Ex. A (February 9, 2001 Violation Report).

Plaintiff's probation officer, Mr. Hill, notified Judge Friedman of alleged violations of the terms of supervision on two occasions. Results from urinalysis reflected plaintiff's use of codeine and morphine. Gov't Opp., Ex. A. Due to plaintiff's voluntary participation in a detoxification program and drug counseling, Mr. Hill did not recommend that the Court take any further action. Id. Mr. Hill requested a hearing, however, to address plaintiff's subsequent failures to report for meetings or scheduled appointments, to report for drug counseling (resulting in his expulsion from a drug treatment program), to make restitution payments, and to report for urinalysis. Id., Ex. B (Request for Course of Action), Ex. C (Request for Course of Action (Statement of Additional Alleged Violations of Supervised Release)). On June 15, 2001, Judge Friedman revoked supervised release, ordered plaintiff to serve a sixth-month term at the Hope Village Halfway House, and extended the supervised release term for a period of 18 months.*fn3 Compl., Attach. (Judgment in a Criminal Case, Case No. CR 97-35-01, signed on June 19, 2001). Plaintiff was to surrender himself voluntarily to Hope Village when space became available. Id.

Plaintiff never did report to Hope Village. On July 30, 2001, plaintiff was arrested in the District of Columbia for distribution of heroin. See Amd. Compl., Ex. 3 (Judgment and Commitment/Probation Order, Case No. F-4745-01); Gov't Opp., Ex. D (same). The Superior Court evidently granted plaintiff work release pending trial, and ordered his placement at another halfway house on August 3, 2001.*fn4 Amd. Compl. at 2 & Ex. 2 (Pretrial/Presentence Work Release Order (Modified), Crim. No. F-4745-01 dated October 12, 2001); Cr. Dkt. #158 (October 18, 2001 Order denying motion for custody review); Plaintiff Opposition Motion to Strike the Government's Motion to Dismiss his Civil Lawsuit and Grant Him a Jury Trial ("Pl.'s Opp'n"), Ex. (Docket, Crim. No. F-4745-01) at 3. Plaintiff promptly reported his arrest to his probation officer, Anthony Hill. Amd. Compl. at 2. On August 15, 2001, plaintiff was transferred from the halfway house to the D.C. Jail.*fn5 Id. According to plaintiff, he was released from the D.C. Jail on January 8, 2002.*fn6 Id.

The incarceration portion of plaintiff's federal sentence expired on December 14, 2001, while plaintiff was detained at the D.C. Jail. See Amd. Compl., Ex. 4 (Response to Inmate Request to Staff Member). He remained at the D.C. Jail awaiting sentencing in his Superior Court case, F-4745-01. Id.

On April 25, 2002, before Judge Wendell Gardner, Jr. of the Superior Court, plaintiff entered a guilty plea to one count of distribution of heroin. See Gov't Opp. at 8; Pl.'s Opp'n, Ex. at 3. On June 14, 2002, Judge Gardner sentenced plaintiff to five years' imprisonment, suspended execution of the sentence, and instead imposed a two-year term of probation followed by a five-year term of supervised release. Id.; Pl.'s Opp'n, Ex. at 3; Gov't Opp., Ex. J (Judgment and Commitment/Probation Order, Crim. No. F-4745-01).

Plaintiff's supervision officer reported to Judge Gardner plaintiff's repeated failures to report for meetings with the supervision officer, to maintain regular employment, to notify the officer of his change of address, to permit a home inspection, to cooperate with a psychological treatment, and to submit to urinalysis. Gov't Opp., Ex. K (September 9, 2003 Violation Report). Judge Gardner took no action at that time, in part because plaintiff was under federal supervision also. See id., Ex. L (February 20, 2004 Violation Report). For subsequent failures to report for meetings with his supervision officer and to submit to urinalysis, Judge Gardner revoked probation on May 7, 2004. Id., Ex. O (Judgment and Commitment Order, Crim. No. F-4745-01); Amd. Compl., Ex. 3 (same). Judge Gardner then imposed a term of 20 months' incarceration (with credit for 187 days served from December 14, 2001 through June 18, 2002) followed by a two-year term of supervised release. Amd. Compl., Ex. 6-7 (Sentencing Monitoring Computation Data as of 02-15-2005). Plaintiff served some portion of his incarceration at the Federal Correctional Institution in Petersburg, Virginia ("FCI Petersburg"). See Gov't Opp., Ex. H (August 12, 2004 Memorandum from M.J. Mooney, Probation Officer, to Magistrate Judge Kay). He was released on June 17, 2005. Amd. Compl. at 7.

Plaintiff alleges that defendants have violated both his constitutional and statutory rights. See Amd. Compl. at 24. He brings this civil rights action under 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and demands monetary damages from "John and Jane [Does] in their official capacity of 75,000 dollars and 5,000 dollars in their personal capacity."*fn7 Id. In addition, he demands "33 million dollars" from the Federal Bureau of Prisons, and "40,000 dollars for all defendants in their personal capacity." Id.

Plaintiff purports to amend his complaint by adding the Bureau of Prisons as a defendant, and to add "every person that are in charge of the units, cell-blocks, control booths, towers, gates, Central Office personnel etc." Amd. Compl. at 24. Evidently these individuals are named in his Motion for the Court to Serve Additional Defendants in this Case (Pl.'s Mot."). In addition, plaintiff purports to add Mayor Williams as a party defendant, as well as five federal district judges, one Magistrate Judge, and one Superior Court judge.*fn8 Id.

II. DISCUSSION

A. Remand from the District of ...


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