Banks v. USA

Filing 2

MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Petitioner George Banks. IT IS HEREBY ORDERED that petitioner's motion to request credit for time spent in service of his state sentence is DISMISSE D pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Court will not issue a certificate ofappealability. An Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 2/7/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GEORGE BANKS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 1:12CV213 RWS

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion to request credit for time
spent in service of his state sentence. The Court will liberally construe petitioner’s
motion as one brought pursuant to 28 U.S.C. § 2241. Because the Court lacks
jurisdiction over petitioner’s motion, the motion will be dismissed.
On April 19, 2006, Banks entered a plea of guilty to the charge of being a felon
in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On June 27, 2006,
petitioner was sentenced to 180 months’ imprisonment, 3 years of supervised release,
and a $100 special assessment. Banks did not file an appeal.1

1

The Court’s records show that petitioner previously brought several motions
for relief under 28 U.S.C. § 2255, the first of which this Court denied on the merits
on April 10, 2008. See Banks v. United States, No. 1:06-CV-99-RWS (E.D. Mo.).
Banks did not appeal from this judgment. On January 11, 2010, petitioner filed
another § 2255 action, which this Court transferred, as successive, to the United
States Court of Appeals for the Eighth Circuit. See Banks v. United States, 1:10-CV-

In the motion before the Court, petitioner’s single ground for relief is that the
Bureau of Prisons has inappropriately computed his sentence. Petitioner claims that
the BOP has not given him the appropriate credit for his time served on his state
sentence.2
Claims regarding the computation of prison sentences are appropriately raised
under 28 U.S.C. § 2241. E.g., Barden v. Keohane, 921 F.2d 476, 478-79 (3rd Cir.
1990) (collecting cases). Section 2241 petitions must be brought in the district court
where the petitioner is incarcerated and name the warden of the federal facility as
respondent. 28 U.S.C. § 2241(a).

14-RWS (E.D. Mo.). On June 16, 2020, the Eighth Circuit denied Banks’ petition for
authorization to file a successive habeas application. See Banks v. United States, No.
10-1446 (8th Cir. 2010). On September 22, 2010, Banks filed another § 2255 motion,
which was summarily dismissed as successive. Banks v. United States, 1:10-CV-145
RWS (E.D. Mo.). On December 2, 2010, Banks filed another successive § 2255
motion, which was also summarily dismissed. Banks v. United States, 1:10-CV-199
RWS (E.D. Mo.). On May 2, 2011, Banks filed yet another successive § 2255 motion
which was also summarily dismissed. Banks v. United States, 1:11CV74 RWS. (E.D.
Mo.).
2

Petitioner has attached correspondence from the Bureau of Prisons to his
motion indicating that he is has pursued this matter through the Bureau of Prisons.
Thus, it appears he has attempted to exhaust his administrative remedies with regards
to his assertions.
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Petitioner is incarcerated at the United States Penitentiary in Beaumont, Texas.
Beaumont Penitentiary is located in the Eastern District of Texas, Beaumont Division.
As a result, this Court lacks subject matter jurisdiction over this action.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to request credit for time
spent in service of his state sentence is DISMISSED pursuant to Rule 12(h)(3) of the
Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that the Court will not issue a certificate of
appealability.
An Order of Dismissal shall accompany this Memorandum and Order.
Dated this 7th day of February, 2013.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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