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Quick v. U.S. Parole Commission

August 18, 2009

BILLIE QUICK, PETITIONER,
v.
U.S. PAROLE COMMISSION, RESPONDENT.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Re Document No. 1

MEMORANDUM OPINION

DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS

I. INTRODUCTION

This matter is before the court on the petitioner's petition for a writ of habeas corpus. The petitioner, a pro se parolee, brings this action against the U.S. Parole Commission ("the Commission"), pursuant to 28 U.S.C. § 2241, arguing that he was denied both a probable cause hearing under 28 C.F.R. § 2.101(a) and a revocation hearing under 28 C.F.R. § 2.102(f). Because the Commission was not obligated to provide the petitioner with a probable cause or revocation hearing until after the execution of its warrant against the petitioner for a parole violation, the court dismisses the petition.

II. FACTUAL & PROCEDURAL BACKGROUND

The petitioner has been in and out of prison since 1974 for various crimes as well as parole violations. See generally Respt's Opp'n. On February 10, 2004, the Commission revoked the petitioner's parole because of charges of drug use, failure to submit to drug testing and failure to report to his supervising officer. Id. at 3. The petitioner was re-paroled on February 20, 2005. Id. On December 21, 2005, the petitioner was arrested and charged with aggravated assault and assault with intent to kill while armed ("assault charges"). Id. at 4, Ex. Y-3 ("Replicated Case Information System"). The Commission issued a parole violator warrant on January 25, 2006, charging the petitioner with failure to submit to drug testing, testing positive for habit-forming drugs, failure to report to supervision and violation of the law based on the assault charges. Id. at 4, Exs. Y-1 ("Warrant") & Y-2 ("Warrant Application"). The assault charges against the petitioner were dismissed on October 5, 2006. Id. at 4, Ex. Y-3.

On October 25, 2006, while incarcerated at the District of Columbia Correctional Treatment Facility ("CTF"), the petitioner filed this petition for a writ of habeas corpus. See generally Pet. On November 20, 2006, the January 25, 2006 warrant was executed against the petitioner, id. at 4, Ex. Z-1 ("Warrant Return"), and on November 24, 2006, a probable cause hearing was held, during which the court determined that there was probable cause to believe that the petitioner had violated his parole, id. at 4, Ex. Z-2 ("Probable Cause Hearing Digest"). The Commission conducted a local revocation hearing on January 22, 2007 during which the petitioner admitted to the administrative charges of using habit-forming drugs and failing to submit to drug testing. Id. at 4, Ex. AA ("Hearing Summary"). The petitioner was advised by written notice dated February 2, 2007, that his parole was revoked. Id. at 5, Ex. BB ("Notice of Action").

III. ANALYSIS

A. Legal Standard for Writ of Habeas Corpus

Prisoners may attack the manner of execution of a federal sentence pursuant to the federal habeas statute, 28 U.S.C. § 2241. Chatman-Bey v. Thornburgh, 864 F.2d 804, 809 (D.C. Cir. 1988); United States v. Jalili, 925 F.2d 889, 893 (6th Cir. 1991) (citing United States v. Hutchings, 835 F.2d 185, 186 (8th Cir. 1987)). "[T]he law of this circuit is clear that '[a] district court may not entertain a habeas corpus action unless it has personal jurisdiction over the custodian of the prisoner.'" Chatman-Bey, 864 F.2d at 810 (citing Guerra v. Meese, 786 F.2d 414, 415 (D.C. Cir. 1986)). The custodian of the prisoner is the warden of the facility in which the prisoner is held. Id. at 811.

B. The Petitioner Improperly Brought this Action Against the Commission

As an initial matter, the court recognizes that the petitioner has improperly brought his petition against the Commission. See generally Pet. The proper defendant in a federal habeas action is the warden of the prison where the petitioner is held at the time he files the petition. Chatman-Bey, 864 F.2d at 806 n.1, 811. The petitioner was incarcerated at CTF at the time he brought this petition. Respt's Opp'n at 6 n.2. Thus, the warden of CTF, John Caulfield, is the proper ...


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