United States District Court, M.D. Pennsylvania
BLAINE R. HANDERHAN, Petitioner
WARDEN-FCI-DANBURY, CT., Respondent
William J. Nealon, United States District Judge
the court is a petition for a writ of habeas corpus (Doc. 1)
pursuant to 28 U.S.C. § 2241, filed by Petitioner,
Blaine R. Handerhan, a Federal Bureau of Prisons
("BOP") inmate currently incarcerated in the
Federal Correctional Institution, Danbury, Connecticut.
Preliminary review of the petition has been undertaken, see
28 U.S.C. § 2243; see also. R. GOVERNING §
2254 Cases R.4,  and, for the reasons set forth below, the
Court will dismiss the petition for lack of jurisdiction.
October 2011, Petitioner pled guilty in the United States
District Court for the Middle District of Pennsylvania, to
one count of possession of child pornography in violation of
18 U.S.C. § 2252A (a)(5). (Doc. 1, petition).
August 2012, Judge Caldwell sentenced Petitioner to 96 months
of imprisonment. See. United States v. Handerhan,
739 F.3d 114, 119 (3d Cir. 2014). The Petitioner appealed his
conviction and sentence.
September 7, 2014, the United States Court of Appeals for the
Third Circuit affirmed the judgment. See id). at
February 12, 2014, Petitioner filed a motion under 28 U.S.C.
§ 2255, claiming ineffective assistance of counsel.
(See Doc 1, petition).
September 23, 2014, Judge Caldwell denied Petitioner's
motion to vacate his sentence on the merits. see
United States v. Handerhan, 2014 WL 4792007 (Sept.
February 5, 2015, the Court of Appeals for the Third Circuit
denied a certificate of appealability, See U.S. v.
Handerhan, C.A. No. 14-4120 (3d Cir. Feb. 5, 2015).
2015, Petitioner filed a motion to vacate the order denying
the section 2255 motion pursuant to Rule 60(b), Fed.R.Civ.P.
By Order dated September 22, 2015, Judge Caldwell denied the
motion. see United States v. Handerhan,
Criminal No. 1:CR-10- 0298, 2015 WL 11387769 (M.D. Pa. Sept.
22, 2015) (denying Rule 60, Fed.R.Civ.P. motion). In August
2015, Petitioner filed a motion to alter or amend the order
denying the motion to vacate the ruling denying the section
2255 motion pursuant to Rule 59(e), Fed. R. Civ. P., which
was denied by Order dated October 27, 2015. see
United States v. Handerhan, Criminal No.
1:CR-10-0298, 2015 WL 6501200 (M.D. Pa. Oct. 27, 2015)
(denying Rule 59(e), Fed.R.Civ.P. motion).
March 17, 2016, the Court of Appeals for the Third Circuit
denied a certificate of appealability as to the rulings on
the Rule 60(b) and Rule 59(a) motions. See U.S. v.
Handerhan, C.A. No. 15-3714 (3d Cir. Mar. 17, 2016).
February 10, 2017, Petitioner filed the above captioned
habeas petition in the United States District Court for the
District of Connecticut, pursuant to 28 U.S.C. § 2241,
challenging his conviction and sentence. (Doc. 1, petition).
Ruling and Order, dated May 9, 207, the Connecticut District
Court transferred the above captioned action to the United
States District Court for the Middle District of