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MADDOX v. LUTHER

November 14, 1983

ROBERT MADDOX, PETITIONER,
v.
DENNIS M. LUTHER, WARDEN, METROPOLITAN CORRECTIONAL CENTER, RESPONDENT.



The opinion of the court was delivered by: Bua, District Judge.

MEMORANDUM ORDER

Before the Court is respondent's motion to dismiss the petition for a writ of habeas corpus filed by Robert Maddox, pro Se, pursuant to 28 U.S.C. § 2241. Also pending before the Court are 12 related motions filed by Maddox*fn1 and a motion by respondent to strike Maddox' motion for summary judgment. For the reasons stated herein, all motions are denied with the exception of respondent's motion to dismiss the petition which is granted.

Petitioner asserts three grounds in support of his petition for writ of habeas corpus. The first of these grounds, alleged error in federal bail bonding procedures, was previously dismissed by this Court because that claim is presently the subject of an appeal before the Court of Appeals for the Seventh Circuit. See Maddox v. United States, No. H 82-32 (N.D.Ind. Apr. 8, 1982) (order Maddox' 28 U.S.C. § 2255 petition), appeal docketed, No. 82- 2180 (7th Cir. Apr. 19, 1982). The remaining grounds asserted before this Court (loss of personal jurisdiction and deprivation of Maddox' due process rights by the Bureau of Prisons' administrative remedy process), although seeking relief similar to Maddox' present appeal, are properly before this Court pursuant to 28 U.S.C. § 2241.*fn2

I. Factual and Procedural Background

The following facts are alleged in Maddox' petition (including exhibits). For purposes of this motion, the Court assumes they are true.

On February 2, 1978, Maddox was arrested by the Cook County Sheriffs' Police for possession of a controlled substance (hereinafter "the state charge"). Maddox posted bail and was at liberty pending trial. While awaiting trial on the state charge, Maddox was charged with receiving and concealing stolen motor vehicles by federal authorities in Chicago (hereinafter "the federal charge"). Maddox was tried, convicted and sentenced to eight years imprisonment on the federal charge by the United States District Court for the Northern District of Indiana. Pending appeal of his federal conviction, Maddox was at liberty on a federal appeal bond.

On July 18, 1979, while at liberty on the federal appeal bond, Maddox was tried, convicted and sentenced to six years imprisonment for the state charge. Maddox was placed into state custody immediately following his state trial. Maddox unsuccessfully exhausted all appeals of his federal and state convictions. While serving his state sentence in January, 1981, a detainer was filed by the United States Marshal against Maddox with the Illinois authorities. In January, 1982, Maddox was released from state custody and was immediately transferred to federal custody to commence service of his federal sentence.

In August, 1982, Maddox filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 in the United States District Court for the Northern District of Indiana. According to Maddox, the issue presented in that petition was whether Maddox was "entitled to credit on his federal commitment for time served in State custody." Exhibit H to Respondents' Memorandum in Support of Motion to Dismiss. Addressing that issue, the district court held that Maddox' federal and state sentences ran consecutively and not concurrently. Accordingly, Maddox was not given credit for his state sentence. Maddox v. United States, No. H82-32, slip op. at S (N.D.Ind. Apr. 8, 1982), appeal docketed, No. 82-2180 (7th Cir. Apr. 19, 1982). That issue is presently before the Seventh Circuit and therefore will not be considered by this Court. Maddox, however, asserts two additional grounds in support of his petition. First, Maddox argues that the federal district court in Indiana lost in personam jurisdiction over Maddox when it failed to revoke his federal appeal bond in 1979. Second, Maddox argues that he was denied procedural due process by the Bureau of Prisons in the processing of his administrative request for credit for his state sentence.

II. Discussion

A. Loss of In Personam Jurisdiction Claim

After his conviction in the United States District Court for the Northern District of Indiana, Maddox remained at liberty after posting an appeal bond. According to Maddox, his continued liberty was conditioned upon the following provisions:

  1) Petitioner shall abide by all orders and rules of
  the Court;
  2) Petitioner shall not leave the Northern Districts
  of both Indiana and Illinois;
  3) Petitioner shall as a condition of bail report to
  the United States Marshal for the Northern District of
  Indiana, ...

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