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Parks v. Williamson

January 4, 2008

DARRELL JAMES PARKS, PETITIONER
v.
WARDEN TROY WILLIAMSON, ET AL., RESPONDENTS



The opinion of the court was delivered by: Sylvia H. Rambo United States District Judge

(Judge Rambo)

MEMORANDUM

I. Introduction

On August 3, 2007, Petitioner Darrell James Parks, an inmate confined at the United States Penitentiary in Lewisburg ("USP-Lewisburg"), Pennsylvania, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2241 (Doc. 1). Petitioner's case was dismissed by Order dated September 20, 2007 (Doc. 6).

Presently pending before the court is Petitioner's motion for reconsideration (Doc. 8) seeking to re-open his case. For the following reasons, Petitioner's motion for reconsideration will be granted. However, pursuant to the court's authority to screen Section 2241 petitions, his case will be summarily dismissed without requiring a response from Respondent.

II. Motion for Reconsideration

On August 16, 2007, the court issued an administrative order (Doc. 3), directing Petitioner to pay the full filing fee, or file a petition to proceed in forma pauperis, within thirty (30) days. The order provided that, if Petitioner failed to comply with its terms within the thirty (30) day time limit, his case would be dismissed.

Having received no response to the 30 Day Administrative Order (Doc. 3) within the prescribed time, the court entered an order dated September 20, 2007 (Doc. 6) dismissing the action for Petitioner's failure to comply with the court's prior order (Doc. 3).

Thereafter, on September 25, 2007, Petitioner filed a motion for reconsideration (Doc. 8) stating that, on August 19, 2007, he turned in a money withdrawal form in order to withdraw the five dollar filing fee from his prison account. (Id. at ¶ 1.) Petitioner further averred that the money was withdrawn from his prison account on September 7, 2007. (Id. at ¶ 2.) He attached to his motion a copy of the "Inmate Transaction Receipt" showing the withdrawal of five dollars from his account on that date. (Id. at 4.) On September 24, 2007, a receipt (Doc. 7) was filed showing that the five dollar filing fee had been received by the clerk's office.

In light of the receipt provided by Petitioner showing the withdrawal of the funds for the filing fee on September 7, 2007, which was within the period of time afforded to him pursuant to the 30 Day Administrative Order (Doc. 3), the motion for reconsideration will be granted, and the case will be reopened.

However, for the reasons that follow, the petition will be summarily dismissed without requiring a response from Respondent. Rules Governing § 2254 Cases, Rule 1(b), 28 U.S.C. foll. § 2254 (1977), as made applicable to 28 U.S.C. § 2241 cases by Rule 1 thereof. Rule 4 of the Section 2254 Rules authorizes a district court to conduct an initial screening of petitions. A court must summarily dismiss a petition "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief." Rules Governing § 2254 Cases, Rule 4; 28 U.S.C. § 2243; Patton v. Fenton, 491 F. Supp. 156, 158-59 (M.D. Pa. 1979); Allen v. Perini, 424 F.2d 134, 141 (6th Cir.1970).

III. Allegations of Petition

Petitioner does not provide a summary of events in his petition. However, the Discipline Hearing Officer Report attached to his petition contains the following summary of events:

On March 24, 2006, Petitioner was found unresponsive in his cell at the United States Penitentiary Coleman I ("USP-Coleman I") in Coleman, Florida, and transported via ambulance to Leesburg Medical Center. (Doc. 1 at 9.) A drug test was performed, and on March 27, 2006, the Leesburg Medical Center staff provided a written report to staff at USP-Coleman I indicating that Petitioner's urine had tested positive for benzodiazepines at a level that was toxic and life-threatening. (Id. at 9; Ex. CC.) The USP-Coleman I Medical Department confirmed that Petitioner had not been prescribed any medications containing ...


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