The opinion of the court was delivered by: Hon. John E. Jones III
THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:
On January 26, 2012, Petitioner Elliot Anderson ("Petitioner" or "Anderson"), a federal inmate presently confined at the United States Penitentiary Lewisburg ("USP Lewisburg") in Lewisburg, Pennsylvania, initiated the above action pro se by filing a Petition for Writ of Habeas Corpus ("Petition") under the provisions of 28 U.S.C. § 2241. He alleges that his right to due process was violated during the course of disciplinary proceedings that occurred while he was in the custody of the Federal Bureau of Prisons ("BOP"). On the same date, Anderson filed two other § 2241 habeas petitions raising similar claims with respect to disciplinary proceedings arising out of other incidents that occurred while he was in BOP custody. Those petitions were docketed at Civil Nos. 1:12-CV-0156 and 1:12-CV-0157. Anderson paid the required $5.00 filing fee in each of the three cases.
By Order dated January 31, 2012 entered in each of the three cases, Respondent was directed to show cause on or before February 21, 2012 why Petitioner should not be granted habeas corpus relief. (Doc. 4.) On February 21, 2012, Respondent filed a Motion for a More Definite Statement and for a Stay of the Court's Show Cause Order pending further order of court in each of the three cases. (Doc. 7.) Specifically, Respondent observed that Anderson did not provide incident report numbers for the incidents he referred to in each of his petitions, and the dates he listed as having had DHO hearings did not correspond with his discipline record, and thus it was necessary for Petitioner to amend his petition to include this information in order to enable Respondent to formulate a response to each of the petitions. (See Doc. 8.) By Memorandum and Order dated February 27, 2012, Respondent's Motion was granted, and Anderson was directed to file an amended petition in each of the three cases on or before March 19, 2012. (Doc. 9.)
On March 5, 2012, Anderson filed an identical document in each of his three cases entitled "Petitioner's Amended Statement with Attachments." (See Civil No. 1:12-CV-0155, 0156, 0157, Doc. 10.) Upon review of his Amended Petition, it was apparent to the Court that Anderson makes claims with respect to disciplinary proceedings stemming from three (3) separate incident reports, and thus we determined that he had properly filed three (3) separate actions and that each case should remain open and be litigated separately. In our Order dated March 6, 2012 directing Respondent to file an answer to the Amended Petition in each of the three (3) cases, we organized Anderson's claims as follows: Petition A: Civil No. 1:12-CV-0155- Claims relating to Incident Report #2183350 (see Doc. 10 at 2-3);
Petition B: Civil No. 1:12-CV-0156- Claims relating to Incident Report #2182608 (see id. at 4-5);
Petition C: Civil No. 1:12-CV-0157- Claims relating to Incident Report #2148387 (see id. at 5-7).
On March 27, 2012, Respondent filed a Response to the Petition in the instant action relating to Incident Report #2183350. (Doc. 12.) Although our March 6 Order provided that Anderson could file a reply brief within fourteen (14) days from the date of Respondent's filing, but no later than April 10, 2012, no reply brief has been filed. Accordingly, the Amended Petition is ripe for disposition. For the reasons set forth below, the Amended Petition will be denied.
A. Sentencing Information
Anderson is serving a 210 month term of imprisonment imposed on February 13, 2003 by the United States District Court for the Middle District of Florida for firearm related charges. (Doc. 12-1 at 1, Romano Decl., ¶ 2.)*fn1 As of Mach 7, 2012, Anderson's projected release date was October 12, 2018, via good conduct time release. (Id.)
B. Facts Relating to Incident Report #2183350
On July 7, 2011, during Anderson's confinement at USP Lewisburg, while an officer was conducting a two hour restraint check on Anderson, Anderson stated, "If you let me out of these chains, I am going to kill myself and a staff member . . . And tell that fucking warden I have something for him too." (Doc. 12-1 at 7, 7/7/11 Incident Report.) As the officer was leaving the cell, Anderson attempted to spit on him and yelled, "Get the fuck out of here." (Id.) Anderson was issued Incident Report #2183350 that same day charging him with Assaulting ...