Harvey v. Baird

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the petition for writ of habeas corpus is DENIED, and this action is DISMISSED with prejudice. An Order of Dismissal will be filed separately. Signed by District Judge Ronnie L. White on June 7, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

WALTER L. HARVEY,
Petitioner,
v.

MAUREEN BAIRD,
Respondent,

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No. 4:16-CV-798 RLW

MEMORANDUM AND ORDER

This matter is before the Court on the petition of Walter Harvey for a writ of habeas
corpus under 28 U.S.C. § 2241. 1 The petition is denied.
Petitioner was convicted of kidnapping and rape in 1983. United States v. Harvey, No.
4:83-CR-11 (D) (E.D. Mo.). He was given an aggregate sentence of 120 years' imprisonment, to
be served concurrently with a state sentence he was serving at the time.
Petitioner challenges the manner in which the BOP has calculated his sentence. He seeks
an order directing the BOP "to correct all files and records, including parole files of the U.S.
Parole Commission."
This Court lacks jurisdiction over the manner in which the BOP calculates prison terms.
Moreover, § 2241 petitions must be filed in the judicial district where the petitioner is located, in
this case the Southern District of Illinois. See 28 U.S.C. § 2241(a); Rumsfeld v. Padilla, 542
U.S. 426, 442 (2004). As a result, the petition is denied.
Accordingly,

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Petitioner titled his petition "Motion for Clarification." However, the nature of the motion is
that of general habeas corpus under § 2241.

IT IS HEREBY ORDERED that petitioner' s motion for leave to proceed in forma

pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that the petition for writ of habeas corpus is DENIED,

and this action is DISMISSED with prejudice.
An Order of Dismissal will be filed separately.

Dated this r d a y of June, 2016.

~~kbo
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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