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Handerhan v. Warden-FCI-Danbury, CT.

United States District Court, M.D. Pennsylvania

May 31, 2017

BLAINE R. HANDERHAN, Petitioner
v.
WARDEN-FCI-DANBURY, CT., Respondent

          MEMORANDUM

          William J. Nealon, United States District Judge

         Before 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, [1] and, for the reasons set forth below, the Court will dismiss the petition for lack of jurisdiction.

         I. Background

         In 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).

         In 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.

         On September 7, 2014, the United States Court of Appeals for the Third Circuit affirmed the judgment. See id). at 125.

         On February 12, 2014, Petitioner filed a motion under 28 U.S.C. § 2255, claiming ineffective assistance of counsel. (See Doc 1, petition).

         On 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. 23, 2014).

         On 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).

         In June 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).

         On 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).

         On 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).

         By 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 ...


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