BUSSIE v. YOUNG et al

Filing 2

OPINION. Signed by Judge Renee Marie Bumb on 2/22/2016. (bdk, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

ANTHONY BUSSIE,
Petitioner,
v.
THOMAS YOUNG,
Respondent.

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Civ. Action No. 16-632 (RMB)

OPINION

BUMB, District Judge
I.

BACKGROUND
This matter is before the Court upon Petitioner Anthony

Bussie’s (“Bussie”) petition for a writ of habeas corpus under
28 U.S.C. § 2241. (ECF No. 1.) Bussie is presently confined in
the

Federal

Medical

Center

in

Butner,

North

Carolina

(“FMC-

Butner”). (Id.) On April 20, 2012, this Court found Bussie was
incompetent to stand trial pursuant to 18 U.S.C. § 4241(d), and
committed him to the Bureau of Prisons for treatment to restore
competency. United States v. Bussie, 12cr229 (RMB) (D.N.J. Apr.
20, 2012). On July 2, 2014, pursuant to 18 U.S.C. §§ 4241(d) and
4246, this Court found defendant was mentally incompetent to
stand trial, and he could not be restored to mental competence.

1

Id.,

ECF

No.

42.

Therefore,

this

Court

ordered

Bussie’s

evaluation to determine whether he should be subject to civil
commitment proceedings. Id.
On April 16, 2015, this Court dismissed without prejudice
all

charges

against

Bussie

contained

in

the

Indictment

in

Criminal Action No. 12-229 (RMB). Id., ECF No. 43. The United
States Attorney sought this dismissal because on April 2, 2015,
Bussie was ordered civilly committed, pursuant to 18 U.S.C. §
4246,

by

the

Honorable

W.

Earl

Britt,

of

the

United

States

District Court, Eastern District of North Carolina in Civil Case
No. 5:14-HC-2186-BR.
In Ground One of the present petition, Bussie alleged in
relevant part, “Thomas Young . . . violated criminal court rules
and forwarding flaw intelligence to the United States Government
in the matter of United States v. Bussie, 12cr229 (RMB) (DNJ)
illegal competency.” The Court notes that Young was Bussie’s
counsel
Court.

in
See

the

criminal

United

States

and
v.

competency
Bussie,

proceedings

12cr229

(RMB).

in

this

Bussie’s

additional grounds for relief are similar in nature, and he
seeks to punish and prosecute Young. (Pet., Request for Relief,
¶15.) Petitioner also seeks relief the Court deems appropriate.
(Id.)
II.

DISCUSSSION

2

28 U.S.C. § 2241(c)(3) provides relief for a person in
custody in violation of the Constitution or laws or treaties of
the United States. Section 2241 does not provide a district
court with the power to order a criminal prosecution, as Bussie
requests. The Court might also construe the petition as seeking
release from custody. Such a petition, however, must be brought
against

the

petitioner’s

current

custodian,

in

the

district

where the petitioner is confined, which in this case is the
United States District Court for the Eastern District of North
Carolina. See U.S. v. Foy, 803 F.3d 128, 136 (3d Cir. 2015)
(remanding for district court to consider whether to transfer §
2241 petition seeking release from civil commitment pursuant to
28 U.S.C. § 1631).
If a court finds there is a want of jurisdiction over a
civil action, “the court shall, if it is in the interest of
justice, transfer such action or appeal to any other such court
in which the action or appeal counsel have been brought at the
time it was filed or noticed. . .” 28 U.S.C. § 1631.
Bussie is currently confined pursuant to a civil commitment
order by the U.S. District Court, Eastern District of North
Carolina. Bussie has appealed the District Court’s decision to
civilly commit him pursuant to 18 U.S.C. § 4246 in the Fourth
Circuit Court of Appeals, and proceedings are ongoing. United
States v. Bussie, No. 15-6621 (4th Cir. 2015). Therefore, he has
3

brought

a

challenge

jurisdiction,

and

to

his

transfer

present

of

the

custody

present

in

the

action

proper

to

North

Opinion

filed

Carolina is not in the interest of justice.
III. CONCLUSION
For
herewith,

these
the

reasons,
Court

will

in

the

dismiss

accompanying
the

petition

for

want

jurisdiction and close this matter.

s/Renée Marie Bumb
Renée Marie Bumb
United States District Judge
Dated: February 22, 2016

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of