United States District Court, M.D. Pennsylvania
the Court is a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 (Doc. No. 1) filed by pro
se Petitioner Christopher Lee Sirmons, Jr.
(“Petitioner”), who is currently incarcerated at
the State Correctional Institution Greene in Waynesburg,
Pennsylvania (“SCI Greene”). Petitioner has also
filed a motion for leave to proceed in forma
pauperis. (Doc. No. 2.) For the following reasons, the
Court will grant Petitioner leave to proceed in forma
pauperis and summarily dismiss his § 2254 petition.
November 6, 2015, following a jury trial, Petitioner was
found guilty of two (2) counts of aggravated assault, in
violation of 18 Pa. Cons. Stat. § 2702, and two (2)
counts of simple assault, in violation of 18 Pa. Cons. Stat.
§ 2701. See Commonwealth v. Sirmons,
CP-14-CR-0001770-2014 (C.C.P. Centre Cty.). On December 17,
2015, Petitioner was sentenced to a minimum of two (2) years
and a maximum of four (4) years for each count to run
consecutively. See id. The trial court ordered that
Petitioner's aggregate sentence run consecutively to the
sentence Petitioner was then serving. See id. After
the trial court denied Petitioner's post-sentence
motions, Petitioner filed a notice of appeal to the Superior
Court of Pennsylvania. See id.; see also
Commonwealth v. Sirmons, 261 MDA 2016 (Pa. Super. Ct.).
On appeal, Petitioner raised one issue: whether the trial
court “erroneously refuse[d] to give [Petitioner's]
requested point for charge number 16, an expanded definition
of ‘impairment of physical condition or substantial
pain.'” See Commonwealth v. Sirmons, No.
261 MDA 2016, 2016 WL 5884805, at *2 (Pa. Super. Ct. Sept. 9,
2016). On September 9, 2016, the Superior Court of
Pennsylvania affirmed Petitioner's judgment of sentence.
See id. Petitioner did not seek leave to appeal to
the Supreme Court of Pennsylvania.
August 29, 2016, Petitioner filed a Post Conviction Relief
Act (“PCRA”) petition with the Court of Common
Pleas for Centre County. See Sirmons,
CP-14-CR-0001770-2014. Counsel was appointed, and on January
6, 2017, the PCRA court directed counsel to file an amended
PCRA petition. See id. Petitioner filed a pro
se amended PCRA petition on August 14, 2017. See
id. On July 30, 2018, counsel requested leave to
withdraw from representation as well as a
Turner/Finley “no merit” brief. See
id. On August 13, 2018, the PCRA court granted
counsel's motion to withdraw and informed Petitioner of
its intent to dismiss his PCRA petition. See id. On
August 20, 2018, Petitioner filed a brief in response to the
PCRA court's notice of intent to dismiss. See
id. On September 21, 2018, the PCRA court dismissed
Petitioner's PCRA petition. See id. Petitioner
did not appeal this decision to the Superior Court of
April 10, 2019, Petitioner filed a petition for a writ of
habeas corpus pursuant to § 2254 with this Court.
See Sirmons v. Gilmore, No. 1:19-cv-625, 2019 WL
3942973, at *1 (M.D. Pa. Aug. 21, 2019). In that petition,
Petitioner raised the following grounds for relief:
1. Constitutional protection of the Sixth, Eighth, and
Thirteenth Amendment[s]. PA. Rule 513(B), PA. Rule 544(B), PA
Rule 551, PA Rule 120, PA Rule 132;
2. Constitutional protection of the Fourteenth, and Seventh,
and Ninth, and Eleventh Amendment[s]. PA Rule 542(D)(E), PA
rule 508(A)(1), PA Rule 3733, PA Rule 132(A3)(B)(C), PA Rule
3. Constitutional protection of the Amendments (18 PA. C.S.
Section 9183); and
4. Sufficiency of the evidence.
See id. at 2 (internal citations omitted). On August
21, 2019, the Court dismissed Petitioner's petition as
unexhausted and procedurally defaulted. See id. at
August 28, 2019, the Court received the instant § 2254
petition from Petitioner. In this petition, Petitioner again
challenges his judgment of conviction from Centre County and
raises the following claims for relief:
1. Following criminal prosec[u]tion. Constitutional
protections of the [Fifth]. [Fourteenth], Seventh, Ninth,
and Eleventh Amendment[s]. PA. Rule 542(1)(e), PA Rule
508(4)(1), PA Rule 513(B), PA Rule 3733 (Doc. No. 1 at 4);
2. The county and state no longer have jurisdiction over the
case, only federal. Constitutional protections of the Sixth,
the Eighth, and Thirteenth Amendment[s]. Following criminal
prosec[u]tion. PA R 544(B), PA ...