United States District Court, D. Columbia
RAYMOND THOMAS, Petitioner, Pro se, EDGEFIELD, SC.
ISAAC FULWOOD, JR., Respondent: Thomas Anthony Quinn, LEAD
ATTORNEY, U.S. ATTORNEY'S OFFICE, Special Proceedings
Section, Washington, DC.
KOLLAR KOTELLY, United States District Judge.
Thomas (" Petitioner" ) has filed a petition for a
writ of mandamus. For the reasons discussed below, the
Court will deny the petition.
United States District Court for the District of New Jersey,
in May 1983, petitioner was convicted of Bank Robbery and
sentenced to two consecutive terms of imprisonment.
See Pet., Ex. A (Judgment and Probation/Commitment
Order) at 1. He was paroled on December 9, 1999, id.
at 2, and was to remain under parole supervision until
December 9, 2012, Fed. Resp't's Opp'n to
Pet'r's Pro Se Pet. for a Writ of Mandamus ("
Fed. Opp'n" ), Ex. B (Certificate of Parole
[Amended]) at 1. Among other conditions of release,
petitioner was " not [to] violate any law[.]" Fed.
Opp'n, Ex. B at 2 ¶ 8.
December 1, 2003, the United States Parole Commission ("
Commission" ) issued a warrant, id., Ex. C
(Warrant), charging petitioner with the following violation:
Charge No. 1 -- Law Violation -- (a) Robbery with a Firearm
(b) Aggravated Battery/Person Uses A Deadly Weapon (c)
Assault with Intent to Do Violence (d) Resisting Arrest. On
October 2, 200, [plaintiff] was observed running from
Publix located at 741 Orlando Ave. S., Winter Park, Florida
after an armed robbery took place during which one of the two
victims received injuries to his head. [Plaintiff] was
identified as one of two individuals with a gun . . . .
[Plaintiff] fled the scene in a white vehicle and was later
apprehended after running several red lights, making numerous
evasive maneuvers to avoid
apprehension. [He] was arrested by the Winter Park Police
Department for the above-cited offenses on October 2, 2003.
This information is contained in the police report dated
October 2, 2003 . . . . Status of Custody/Criminal
Proceedings: In Custody Pending Court Action.
Id., Ex. C (Warrant Application) at 1-2 (emphasis in
original). A memorandum accompanied the warrant with the
Please assume custody as soon as possible or when [petitioner
If the [petitioner] is already in the custody of federal or
state authorities, do not execute the warrant. Place a
detainer and notify the Commission. Also, if a criminal
arrest warrant has been issued for this parolee, execute of
such criminal warrant shall take precedence.
If the [petitioner] is sentenced to a new Federal or State
term of imprisonment, place the warrant as a detainer and
indicate the institution ...