MYRTHIL v. ORTIZ

Filing 2

OPINION. Signed by Judge Renee Marie Bumb on 11/20/2020. (rtm, )

Case 1:20-cv-16584-RMB Document 2 Filed 11/20/20 Page 1 of 2 PageID: 42

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
JUDE MYRTHIL,
Petitioner
v.
DAVID ORTIZ,
Respondent

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CIV. NO. 20-16584(RMB)

OPINION

BUMB, United States District Judge
Petitioner Jude Myrthil, a prisoner confined in the Federal
Correctional Facility in Fort Dix, New Jersey (“FCI Fort Dix”)
brings this petition for writ of habeas corpus under 28 U.S.C. §
2241, challenging the ability of the federal government to detain
him

in

custody

in

New

Jersey

although

he

is

a

citizen

of

Massachusetts. (Pet., Dkt. No. 1.) Pursuant to Rule 4 of the Rules
Governing Cases under 28 U.S.C. § 2254, applicable here under Rule
1, scope of the rules, a judge must promptly examine a habeas
petition. “If it plainly appears from the petition and any attached
exhibits that the petitioner is not entitled to relief in the
district court, the judge must dismiss the petition and direct the
clerk to notify the petitioner.” Id.
The Court takes judicial notice, pursuant to Federal Rule of
Evidence 201(b)(2), that Petitioner is incarcerated in federal
prison, having been convicted and sentenced in the United States

Case 1:20-cv-16584-RMB Document 2 Filed 11/20/20 Page 2 of 2 PageID: 43

District Court, District of New Jersey in Criminal Action No. 2:14cr-00571-CCC-1.

Petitioner’s

claim

that

a

convicted

federal

prisoner who is a citizen of Massachusetts cannot be incarcerated
in a federal prison in New Jersey is frivolous. The Court will
dismiss the petition.
Buried within the petition, there is some discussion of
Petitioner

being

possession

of

a

charged

violating

hazardous

tool.

a

prison

Petitioner

rule

has

not

governing
provided

sufficient information for this Court to address a due process
challenge to the loss of Good Conduct Time as a result of a prison
disciplinary proceeding. See e.g. Wolff v. McDonnell, 418 U.S. 539
(1974); Denny v. Schultz, 708 F.3d 140 (3d Cir. 2013). Dismissal
of this petition is without prejudice to Petitioner filing an
amended petition to raise a due process claim with respect to the
loss of good conduct time.

An appropriate Order follows.

Date: November 20, 2020
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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