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Dennis Bennett v. Edward F. Reilly

December 21, 2011

DENNIS BENNETT, PETITIONER
v.
EDWARD F. REILLY, JR. CRANSTON J. MITCHELL, PATRICIA K. CUSHWA AND ISAAC FULWOOD, JR., IN THEIR OFFICIAL CAPACITIES AS COMMISSIONERS OF THE UNITED STATES PAROLE COMMISSION RESPONDENTS



The opinion of the court was delivered by: James Knoll Gardner, United States District Judge

OPINION

This matter is before the court on the Petition for Writ of Habeas Corpus, 28 U.S.C. § 2241 filed by petitioner on April 17, 2009. *fn1 Respondents filed a response on July 30, 2009. *fn2

For the reasons articulated in this Opinion, the petition for a writ of habeas corpus is transferred to the United States District Court for the Western District of Pennsylvania because this court lacks jurisdiction pursuant to 28 U.S.C. § 2241(a).

JURISDICTION

Petitioner alleges jurisdiction in this case pursuant to 28 U.S.C. § 2241. Section 2241 provides that a writ of habeas corpus may be granted by a district court "within [its] respective jurisdiction[]." 28 U.S.C. § 2241(a). Section 2241 "confers habeas jurisdiction to hear the petition of a federal prisoner who is challenging not the validity but the execution of his sentence." Coady v. Vaughn, 251 F.3d 480, 485 (3d Cir. 2001).

VENUE

Petitioner alleges that venue is proper pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to plaintiff's claims allegedly occurred in Philadelphia County, Pennsylvania, which is located within this judicial district.

PROCEDURAL HISTORY

On September 30, 1977, the United States District Court for the Eastern District of New York sentenced petitioner Dennis Bennett to a ten-year term of imprisonment, which was later modified to eight years, to be followed by a twenty-year special parole term for possession with intent to distribute heroin. *fn3

Petitioner served his eight year sentence, and began serving his special parole term on June 21, 1985. While serving his special parole term, petitioner violated his parole by committing crimes on three separate occasions. Consequently, the United States Parole Commission revoked petitioner's parole on three occasions.

First, on January 9, 1991, the United States Parole Commission revoked petitioner's special parole term after he had been convicted of selling a controlled substance, *fn4 as well as committing administrative violations of his special parole term.

On June 27, 1992 petitioner began serving the remainder of his special parole term. *fn5

Then, on June 12, 2003, the United States Parole Commission revoked petitioner's special parole term after he had been convicted of giving false information to obtain a passport and illegally entering the United States. *fn6 On November 14, 2003, the United States Parole Commission again re-paroled petitioner to serve the remainder of his special parole term. *fn7

Finally, after a hearing before the United States Parole Commission on January 14, 2009, the United States Parole Commission revoked petitioner's special parole term on February 7, 2009 after he had been convicted of committing battery *fn8 in the State of California and had committed administrative violations of his special parole term. The United States Parole Commission ordered that ...


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