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Hitham Abuhouran v. Warden H.L. Hufford

March 26, 2012

HITHAM ABUHOURAN, PETITIONER,
v.
WARDEN H.L. HUFFORD, RESPONDENT.



The opinion of the court was delivered by: (judge Caputo)

(MAGISTRATE JUDGE BLEWITT)

MEMORANDUM

Presently before the Court is Magistrate Judge Blewitt's Report and Recommendation ("R & R") and Petitioner Hitham Abuhouran's Objections. Magistrate Judge Blewitt recommends that Mr. Abuhouran's Petition for Writ of Habeas Corpus be dismissed with prejudice. Because Mr. Abuhouran's petition constitutes an abuse of the writ and brings claims improper under 28 U.S.C. § 2241, Magistrate Judge Blewitt's R & R will be adopted.

I. Background

A. Factual Background

The opinion dismissing Mr. Abuhouran's prior § 2241 habeas petition, Abuhouran v. Grondolsky, 643 F. Supp. 2d 654, 655 (D.N.J. 2009), contains a complete factual background. Only the facts relevant to the instant motion will be presented here.

On October 12, 1995, Mr. Abuhouran was charged with twenty-seven criminal counts in the United States District Court for the Eastern District of Pennsylvania: fifteen counts of bank fraud in violation of 18 U.S.C. § 1344, four counts of money laundering in violation of 18 U.S.C. § 1956, one count of conspiracy to commit money laundering in violation of 18 U.S.C. § 371, one count of conducting continuing financial crimes in violation of 18 U.S.C. § 225, and one count of interstate transportation of property obtained by fraud in violation of 18 U.S.C. § 2314. The charges stemmed out of Mr. Abuhouran's involvement in a scheme to fraudulently obtain over $9 million in loans from the Bank of the Brandywine Valley.

Mr. Abuhouran pled guilty to all twenty-seven counts on September 10, 1996. On August 15, 1997, he was sentenced to a concurrent term of imprisonment of 188 months and ordered to pay restitution in the amount of $6,917,246.10. See United States v. Abuhouran, No. 95-CR-0560-04. Mr. Abuhouran is currently incarcerated at the Federal Correctional Institute in Schuylkill; the Respondent in this case is the warden at FCI-Schuylkill.

B. Procedural Background

On February 10, 2000, Mr. Abuhouran filed a habeas petition pursuant to 28 U.S.C. § 2255. The District Court for the Eastern District of Pennsylvania denied the motion on November 26, 2002. United States v. Abuhouran, 232 F. Supp. 2d 447 (E.D. Pa. 2002). He filed an appeal, but the appeal was dismissed by the Third Circuit on June 5, 2003.

On September 3, 2008, Mr. Abuhouran filed a habeas petition pursuant to 28 U.S.C. § 2241 in the District of New Jersey. The district court dismissed his petition with prejudice on July 20, 2009, Abuhouran v. Grondolsky, 643 F. Supp. 2d 654 (D.N.J. 2009), and the Third Circuit affirmed the dismissal on August 25, 2010, Abuhouran v. Grondolsky, Nos. 09-3162, 09-3244, 392 Fed. App'x 78 (3d Cir. Aug. 25, 2010).

Mr. Abuhouran filed the instant § 2241 habeas petition on October 6, 2011.

Magistrate Judge Blewitt reviewed the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts,*fn1 28 U.S.C. foll. ยง 2254, which states that "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner." On November 3, 2011, Magistrate Judge Blewitt issued an R & R recommending dismissal of the ...


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