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Thomas v. Fulwood

United States District Court, D. Columbia

November 12, 2015

RAYMOND THOMAS, Petitioner,
v.
ISAAC FULWOOD, Respondent

          RAYMOND THOMAS, Petitioner, Pro se, EDGEFIELD, SC.

         For ISAAC FULWOOD, JR., Respondent: Thomas Anthony Quinn, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Special Proceedings Section, Washington, DC.

Page 31

         MEMORANDUM OPINION

         COLLEEN KOLLAR KOTELLY, United States District Judge.

         Raymond Thomas (" Petitioner" ) has filed a petition for a writ of mandamus.[1] For the reasons discussed below, the Court will deny the petition.

         I. BACKGROUND

         In the 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.

         On 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[3], [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

Page 32

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 following instructions:

Please assume custody as soon as possible or when [petitioner is] located.
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 ...

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