Hills v. United States Marshal Service

Filing 25

ORDER Dismissing Petition without Prejudice. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DERRICK L. HILLS,
Petitioner,
v.

Case Number 4:16-cv-11798
Hon. Terrence G. Berg

UNITED STATES MARSHALS
SERVICE,
Respondent.
_____________________________________/
ORDER DISMISSING PETITION WITHOUT PREJUDICE
Petitioner Derrick L. Hills was previously a federal prisoner confined at the
Loretto Federal Correctional Institution. Petitioner was convicted in the United
States District Court for the Eastern District of Michigan of five counts of contempt
of court for violating five bankruptcy court orders in violation of 18 U.S.C. § 401(3).
The Court sentenced Petitioner to 46 months of imprisonment and imposed a $25,000
fine. See United States v. Hills, No. 14-1361, at *2 (6th Cir. Nov. 5, 2015).
The instant habeas petition, filed under 28 U.S.C. § 2241, asserts that his detention is illegal because the judgment of sentence’s return was not signed by a
United States Marshal or properly filed with the Court, rendering his imprisonment
unconstitutional. This Court previously denied the habeas petition, holding that Petitioner has failed to establish that his remedy under 28 U.S.C. § 2255 was inadequate
or ineffective (Dkt. 5). The Sixth Circuit vacated this order, and remanded the petition to this Court to determine whether to: (1) transfer the petition to the Western

District of Pennsylvania (where Petitioner was then being held); or (2) dismiss the
action without prejudice and allow Petitioner to refile his petition in the appropriate
district court (Dkt. 18). It appears that Petitioner has been released from custody,
and is now residing in Detroit, Michigan (Dkt. 24, change of address). As such, it
would be inappropriate at this time to transfer this matter to the Western District of
Pennsylvania. Thus, Court finds that it is most appropriate to dismiss this action
without prejudice, and allow Petitioner to refile his petition in the appropriate district
court, if he still intends to raise the claims presented in the petition.
Therefore, for the reasons set forth above, this action is hereby DISMISSED
WITHOUT PREJUDICE.
SO ORDERED.
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated: July 24, 2017

Certificate of Service
I hereby certify that this Order was electronically submitted on July 24,
2017, using the CM/ECF system, which will send notification to each party.

s/A. Chubb
Case Manager

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