Winston v. United States Attorney General

Filing 19

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 1/27/14. Copy sent: Yes(tdai, )

IN THE UNITED

STATES DISTRICT

COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

MONTE DECARLOS WINSTON,

Petitioner,
v.

Civil Action No.

3:12CV172

UNITED STATES ATTORNEY GENERAL,

Respondent.
MEMORANDUM OPINION

By
2013,

Memorandum

Opinion

and

Final

Order

entered

August

1,

the Court dismissed Monte DeCarlos Winston's petition for

a writ of habeas corpus pursuant to 28 U.S.C. § 22411 ("Present
§ 2241 Petition")

Court

for abuse of the writ.

(ECF Nos.

also placed certain prefiling restrictions

any new action challenging the

calculation or

16-17.)

on Winston

execution of

That statute provides, in pertinent part:
(c)

The writ of habeas corpus shall not

extend to a

prisoner unless—

(1)

He is in custody

under or by color of the

authority of the United States or is committed for
trial before some court thereof; or
(2)
He is in custody for an act done or omitted

in pursuance of an Act of Congress, or an order,
process, judgment or decree of a court or judge of
the United States;

(3)

He

is

Constitution
States

28 U.S.C.

or

in
or

custody

laws

....

§ 2241(c) (l)-(3) .

or

in

violation

treaties

of

the

of

the

United

The

on
his

sentence.

(See

ECF No.

17,

at

1-2.)

Specifically,

the

Court

directed:

7.

From
will

this point forward, before the Court
review any new action challenging the

calculation or execution of his sentence,
Winston must do the following:
a.
Provide a brief summary of why the
ends
of
justice
warrant
consideration

of

his

submission

and
attach
the
summary
to
the
front of any filing; and,
Certify that the claims he wishes
to present are new claims never
before raised and disposed of on
the merits by any federal court
and set forth why each claim could

b.

not

have

been

raised

in

one

of

his

previous actions.
Winston's failure to comply

directives

will

result

in

with the above
summary dismissal

of the new action.

(Id.)

Winston now brings

F.R.Civ.P.

to

a "Motion Pursuant to

Immediately

Release

Rule

Petitioner."

12(b)(2)

(ECF

No.

of

18.)

Winston has filed at least three § 2241 petitions challenging
the

execution

of

his

sentence.

(See

ECF

No.

16,

2-7.)

Winston's instant motion is yet another attempt to challenge the
BOP's

execution

issue.''

(Mot.

Winston
entitles

him

of

his

sentence

recast

as

a

"jurisdictional

1.)

fails
to

to

relief

identify
in

this

the

procedural

closed action.

vehicle
Moreover,

that
the

Court views Winston's current motion as an attempt to circumvent
the restrictions placed on Winston in the Court's August 1,

2013

Order for further challenges to the execution of his sentence.
Winston's Motion (ECF No. 18) will be denied.
The

Clerk

is

directed

to

send

a

copy

of

the

Memorandum

Opinion to Winston.

/,/ JUS

n

Date:

Robert E. Payne

rf&iMX^h JL7 Z&t^h

Senior United States District Judge

Richmond, Virgiip_a /