Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Douglas v. Zickerfoose

United States District Court, Middle District of Pennsylvania

February 21, 2014

PAUL RYAN DOUGLAS, Petitioner
v.
WARDEN ZICKERFOOSE, Respondent

MEMORANDUM

MALACHY E. MANNION United States District Judge

I. Background

Petitioner, Paul Ryan Douglas, an inmate currently confined in the Allenwood United States Penitentiary ("USP-Allenwood"), White Deer, Pennsylvania, filed this petition for writ of habeas corpus pursuant to 28 U.S.C.§2241. (Doc. No. 1, petition). He challenges a conviction and sentence imposed by the United States District Court for the Southern District of New York. For the reasons set forth below, the Court will dismiss the petition for writ of habeas corpus.

II. Procedural Background

On December 14, 2005, following a jury trial, Douglas was found guilty of one count of Bank Robbery by Force or Violence, a violation of 18 U.S.C. §2113(a) and one count of Death as a Result of Bank Robbery, a violation of 18 U.S.C. §2113 (a) and (e). See Douglas v. United States, Civil Action No. 7:09-cv-9566-CM (USDC SDNY (White Plains)). On January 31, 2006, he was sentenced to life in prison. Id.

On June 25, 2008, the United States Court of Appeals for the Second Circuit affirmed Douglas’ judgment of sentence. Id. No petition for certiorari was filed with the United States Supreme Court. Id.

On November 13, 2009, Douglas filed a motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. §2255. Id.

By Decision and Order dated July 22, 2011, Petitioner’s 2255 motion was denied without a hearing. Id.

On October 3, 2011, Douglas appealed the denial of his §2255 motion, which the Court of Appeal for the Second Circuit dismissed on June 26, 2012, for Petitioner’s failure to made a substantial showing of the denial of a constitutional right. Id.

On October 9, 2012, the United States Supreme Court denied Douglas’ petition for writ of certiorari. Id.

On February 18, 2014, Douglas filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2241, challenging his conviction. (Doc. No. 1, petition).

III. DISCUSSION

A federal criminal defendant’s conviction and sentence are subject to collateral attack in a proceeding before the sentencing court pursuant to 28 U.S.C. §2255. E.g., United States v. Addonizio, 442 U.S. 178, 179 (1979). In the instant case, Douglas clearly maintains that his federal conviction violates his constitutional rights.

Section 2255 provides, in part, that "[a]n application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion to the court which sentenced him, or that such court has denied him relief, unless it also appears that the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.