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Triplett v. Haynes

United States District Court, E.D. Arkansas, Eastern Division

June 2, 2014

RICHARD H. TRIPLETT Reg #XXXXX-XXX Petitioner,
v.
ANTHONY HAYNES, Warden, FCI-Forrest City, Respondent.

PROPOSED FINDINGS AND RECOMMENDATIONS

JEROME T. KEARNEY, Magistrate Judge.

Instructions

The following recommended disposition has been sent to United States District Court Judge Susan W. Wright. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

Mail your objections and "Statement of Necessity" to:

Disposition

This matter is before the undersigned United States Magistrate Judge of the District Court on the petition of federal prisoner Richard H. Triplett for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. No. 1).

Petitioner is currently incarcerated at the Federal Correctional Institution in Forrest City, Arkansas (FCI-Forrest City). On December 29, 2009, Petitioner received 84-month concurrent sentences for receipt and distribution of child pornography and possession of child pornography. In accordance with Bureau of Prisons (BOP) policy, Petitioner was given an initial designation by the Designation and Sentence Computation Center (DSCC). Part of this designation was a Public Safety Factor (PSF) of "sex offender." Inmates with a sex offender PSF must be housed in at least a low security level institution, unless the PSF has been waived. Only the DSCC administrator is authorized to waive a PSF.

Beginning in December 2010, Petitioner filed a number of requests for removal of the PSF with his unit officers and warden. He sought removal because it would mean that he could be transferred to a minimum security facility and be eligible for fourteen days of home detention. These requests were denied, and his subsequent attempts to obtain an administrative remedy were also unsuccessful.

Petitioner argues that 1) Respondent violated BOP policy when he failed to submit his PSF waiver request to the DSCC, 2) the classifications used by the BOP are arbitrary and capricious, and 3) Respondent violated Petitioner's due process rights when he denied his request without consideration of the evidence. He requests ...


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