Altschul v. Federal Bureau of Prisons
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING 13 Report and Recommendations. Signed by Judge Robert W. Schroeder, III on 3/18/2015. (sm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TODD W. ALTSCHUL
FEDERAL BUREAU OF PRISONS
CIVIL ACTION NO. 5:14cv74
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Todd W. Altschul, an inmate confined at the Telford Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought this petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The Court referred this matter to the Honorable Caroline M. Craven, United States Magistrate
Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders of this Court.
The magistrate judge recommends the petition be dismissed without prejudice based on petitioner’s
previous sanctions and failure to receive judicial authorization.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and pleadings. Petitioner filed
objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the Court concludes petitioner’s objections should be overruled.
Petitioner made no mention of his prior sanctions until his response to the answer filed by the
respondent. While petitioner contends he sought permission to proceed, a review of the pleadings
in this action fails to reveal any request for permission to proceed as a sanctioned litigant. Further,
petitioner never alleges he received permission to proceed from a judge of this Court before filing
As the magistrate judge found, petitioner was sanctioned by the Fifth Circuit Court of
Appeals in 1997. See In re Altschul, No. 97-00287 (5th Cir. July 2, 1997). The sanction imposed
by the Court forbade Altschul from filing any initial pleading in that court or in any court subject to
the jurisdiction of the Fifth Circuit, except with advance written permission of a judge of the forum
court. Additionally, Altschul was required to inform the forum court of the sanction. Petitioner was
again warned of sanctions regarding a motion for leave to proceed as a sanctioned litigant because
his pleadings contained threatening or abusive language. See Altschul v. Stephens, No. 13-20337
(5th Cir. Nov. 4, 2013). Further, petitioner has received similar sanctions, as well as monetary
sanctions, from this Court, the United States District Court for the Northern District of Texas, and
the United States District Court for the Southern District of Texas.
In this proceeding, Altschul failed to request advance written permission to proceed as a
sanctioned litigant. Additionally, his failure to inform the Court of his sanctions led to the Court’s
ordering a response to the petition. Petitioner’s conduct is clearly an attempt to circumvent the
sanctions imposed by the Fifth Circuit, this Court, and our sister courts in an effort to proceed with
his petition. Petitioner’s intent is evidenced by the statement made in his response to the
respondent’s disclosure of sanctions imposed by this Court. Petitioner asserted that “[t]his case has
already come this far in the process, therefore this court must reach the merits of this case and not
use any alleged sanction conduct as a[n] unjustifiable reason to deny this 2241 petition.” Petitioner,
however, should not be allowed to circumvent the sanctions imposed by failing to disclose such
sanctions and failing to receive permission to proceed prior to filing his pleadings, as required by the
The Court concludes petitioner was not forthcoming in informing this Court of his numerous
sanctions. Further, even affording petitioner review as if he had filed a motion to proceed as a
sanctioned litigant, the Court has determined leave should be denied. A review of the petition and
response in this case reveals petitioner’s claims lack merit; thus, Altschul has not shown that he
should be encouraged to pursue these claims. Consequently, his motion for authorization to proceed
as a sanctioned litigant, had he filed one, would have been denied.
Accordingly, petitioner’s objections are OVERRULED.
The findings of fact and
conclusions of law of the magistrate judge are correct and the report of the magistrate judge is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s
SIGNED this 18th day of March, 2015.
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
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