Opinion
CIVIL ACTION NO. 1:16-CV-3632-WSD-JKL
02-09-2017
EDDIE S. STEELE, BOP # 21638-058, Petitioner, v. WARDEN R. TILLMAN, Respondent.
PRISONER HABEAS CORPUS 28 U.S.C. § 2241 FINAL REPORT AND RECOMMENDATION
Petitioner, Eddie S. Steele, confined in the Robert A. Deyton Detention Facility in Lovejoy, Georgia, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [Doc. 1.] Petitioner has paid the $5.00 filing fee.
The matter is before the Court for preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases, which also applies to Section 2241 actions, as provided in Rule 1(b). Summary dismissal of a habeas petition under Rule 4 is proper when the petition and the attached exhibits plainly reveal that relief is not warranted. See McFarland v. Scott, 512 U.S. 849, 856 (1994) (stating that Rule 4 dismissal is appropriate when petition "appears legally insufficient on its face"). For the reasons given below, the undersigned recommends that the § 2241 petition be dismissed without prejudice as premature.
I. Discussion
Petitioner executed his § 2241 petition on September 21, 2016, when he was awaiting trial on federal criminal charges in the Northern District of Georgia. [Doc. 1 at 1, 10.] Petitioner claims that Chief United States Magistrate Judge Linda T. Walker improperly (1) issued a writ of habeas corpus ad prosequendum for Petitioner to be transported from North Carolina to Georgia, and (2) denied his motion to return to North Carolina "to deal with a pending armed robbery charge out of that jurisdiction." [Id. at 2, 6-9, 11-13.] Senior United States District Judge Willis B. Hunt, Jr., overruled Petitioner's objections to Judge Walker's denial of the motion to return to North Carolina. See Order, United States v. Steele, No. 1:14-cr-147-RWS-LTW-1 (N.D. Ga. July 28, 2016).
Judge Hunt subsequently recused himself, and Petitioner's criminal case was reassigned to United States District Judge Richard W. Story. --------
After Petitioner submitted his § 2241 petition, a jury in the Northern District of Georgia convicted him of (1) obstructing, delaying, and affecting commerce by robbery, in violation of 18 U.S.C. §§ 2 and 1951(a), and (2) using, carrying, and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). See Superseding Indictment & Jury Verdict, United States v. Steele, No. 1:14-cr-147-RWS-LTW-1 (N.D. Ga. Dec. 6 & 14, 2016). Petitioner has appealed his convictions. See United States v. Steele, No. 16-17719 (11th Cir. filed Dec. 21, 2016).
Petitioner's § 2241 petition is premature because claims challenging decisions made in his criminal case "are properly brought . . . [on] direct appeal . . . ." Garcon v. Palm Beach Cty. Sheriff's Office, 291 F. App'x 225, 226 (11th Cir. 2008) (per curiam) (dismissing as premature § 2241 petition filed by federal pretrial detainee who was subsequently convicted). Accordingly, Petitioner's § 2241 petition should be dismissed without prejudice.
II. Conclusion
Based on the foregoing, the undersigned RECOMMENDS that Petitioner's § 2241 petition [Doc. 1] be DISMISSED WITHOUT PREJUDICE as premature. Because a federal prisoner does not require a certificate of appealability (COA) to appeal the dismissal of a § 2241 petition; see Sawyer v. Holder, 326 F.3d 1363, 1364 n.3 (11th Cir. 2003); the undersigned does not offer a COA recommendation in this matter.
The Clerk is DIRECTED to terminate the referral to the undersigned.
IT IS SO RECOMMENDED, this 9th day of February, 2017.
/s/_________
JOHN K. LARKINS III
UNITED STATES MAGISTRATE JUDGE