Aud v. Federal Bureau of Prison
Filing
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OPINION entered by Judge Richard Mills on 7/13/2020. The Petition of Dorothy J. Aud for a Writ of Habeas Corpus under 28 U.S.C. § 2241 [d/e 1] is DISMISSED as moot. Judgment to enter. Case TERMINATED. (SEE WRITTEN OPINION) (MAS, ilcd)
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E-FILED
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Tuesday, 14 July, 2020 10:25:50 AM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
DOROTHY AUD,
a/k/s DOROTHY J. MURPHY,
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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
Case No. 2:18-cv-2139
OPINION
RICHARD MILLS, United States District Judge:
Petitioner has filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. §
2241.
At the time of the filing, Petitioner Dorothy J. Aud, Illinois Department of
Corrections Number R75175, was a 48-year old female incarcerated at the Decatur
Correctional Center in Decatur, Illinois.
In 2005, after pleading guilty in the Southern District of Illinois to Conspiracy
to Manufacture, Distribute or Possess with the Intent to Distribute 500 Grams or
More of a Mixture and Substance Containing Methamphetamine in violation of 21
U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) and 846, the Petitioner was sentenced to 262
months in prison, followed by a five-year term of supervised release.
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The Petitioner’s supervised release term began on May 30, 2014. In April
2016, the Petitioner was arrested on a state court charge of aiding and abetting the
possession of a stolen vehicle in Hardin County, Illinois, Case No. 16-CF-21. She
pleaded guilty to the state charge in July 2016 and was sentenced to a term of
imprisonment of seven years.
In April 2016, the U.S. Probation Office filed a petition to revoke supervised
release.
The Probation Office alleged that Petitioner had committed crimes
including Unlawful Possession of a Stolen Vehicle, Felon in Possession of a Firearm
and Possession of Stolen Property. Moreover, the Probation Officer alleged that
Petitioner had on multiple occasions unlawfully possessed controlled substances,
among other violations. The Petitioner admitted to the allegations and on October
25, 2016, United States District Judge J. Phil Gilbert sentenced her to 12 months in
the Bureau of Prisons to run consecutive to the Petitioner’s state term.
In November 2016, the United States Marshals Service provided the Decatur
Correctional Center with a detainer notifying the state facility of the consecutive 12
month-term the Petitioner would have to serve with the Bureau of Prisons following
the completion of her state sentence in Hardin County Case No. 16-CF-21.
The Petitioner sought habeas relief on the basis that the federal detainer
precluded her from participating in rehabilitative programs offered at the institution
and alleging that deprivation amounted to a violation of her constitutional rights.
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She claims that these rehabilitative programs would be highly beneficial to her and
would allow her the tools needed to be a productive member of society upon her
release.
Pursuant to Illinois Department of Corrections policy, the Petitioner’s federal
detainer raised her security risk classification from low to moderate. The Petitioner
contends that her classification status has been elevated due to the placement of the
federal detainer.
Based on an affidavit from an employee of the Decatur
Correctional Center submitted with the Government’s response, it appears that
Petitioner remained eligible to participate in state prison programming with two
limited exceptions: the work-release program and electronic detention.
The Illinois Administrative Code states that to be eligible for work release, an
individual must have a designated security classification of minimum with
supervision minimum and must have no outstanding warrants or detainers. Ill.
Admin. Code tit. 20, pt. 455.30. It is within the discretion of the prison director,
however, to approve exceptions to work release and other prison program placement
requirements as long as “such placement would assist the individual’s rehabilitation
and would not cause undue risk to the public.” Ill. Admin. Code. Tot. 20, pt. 455.50.
In her § 2241 petition, the Petitioner requested that the detainer be removed
until or upon her release from state custody so that she could participate in
programming offered by the institution where she was incarcerated at the time. The
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Petitioner asked that the detainer be reinstated closer to or upon her release from
state custody.
At the time of the Government’s response, the Petitioner was on a waitlist to
participate in a substance abuse program and was not in any other programs. She
remained eligible for certain other programs that might allow her to receive time off
the state sentence she was serving at the time.
It appears that Petitioner named the wrong respondent in this case. Under 28
U.S.C. § 2243, the petition must be “directed to the person having custody of the
person detained.” At the time of the petition, the Petitioner was in the custody of
state authorities. While the detainer provided notice to state authorities of the
existence of the Petitioner’s consecutive federal sentence, the existence of the
detainer does not grant custody of the Petitioner to federal authorities.
See
Lovingood v. Bureau of Prisons, 2007 WL 437049, at *1 (E.D. Ky. Dec. 12, 2007).
State prison officials would have been the proper respondents at the time the § 2241
petition was filed.
In any event, the Petitioner is no longer in state custody. The Petitioner is
now in Bureau of Prisons custody and her request to remove the federal detainer so
that she can participate in rehabilitative programs is moot.
Ergo, the Petition of Dorothy J. Aud for a Writ of Habeas Corpus under 28
U.S.C. § 2241 [d/e 1] is DISMISSED as moot.
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The Clerk will enter Judgment and terminate this case.
The Clerk will send a copy of this Order to the Petitioner at RRM ST. Louis,
1222 Spruce St. Suite 6.101, St. Louis, MO 63103.
ENTER: July 13, 2020
FOR THE COURT:
/s/ Richard Mills
Richard Mills
United States District Judge
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