United States District Court, S.D. Illinois
ANTHONY SINGLETON, No. 94408-024, Petitioner,
JEFFREY S. WALTON, Respondent.
MEMORANDUM AND ORDER
DAVID R. HERNDON, District Judge.
Petitioner Anthony Singleton is currently incarcerated in the United States Penitentiary at Marion, Illinois. He is housed in the Communications Management Unit ("CMU"). On December 31, 2014, he filed the subject petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The petition (Doc. 1) generally challenges the creation of the CMU, his placement in the CMU (which is substantially populated with "terrorists") and the systematic screening of his communications, among other things. More specifically, petitioner claims that prison officials committed a federal crime by intercepting communications from him that relate to a "Closing Agreement" with the Department of the Treasury regarding his federal tax obligation (apparently under the name Anthony Singleton Hall). Petitioner contends that respondent Warden Walton has violated numerous IRS laws (26 U.S.C. §§ 6103 ( in re confidentiality of returns), 6311 ( in re payment of a tax lien by commercially acceptable means), 7213 ( in re unauthorized disclosure of return information), and 7213A ( in re unauthorized inspection). He now seeks an order enjoining this allegedly criminal conduct, directing the return of certain documents to him, and transferring him out of the CMU ( see Doc. 1, p. 7).
This case is now before the Court for a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in United States District Courts. Rule 4 provides that upon preliminary consideration by the district court judge, "[i]f 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." Rule 1(b) of those Rules gives this Court the authority to apply the rules to other habeas corpus cases, such as this action under 28 U.S.C. § 2241.
Motion to Amend
By motion filed January 9, 2015, petitioner seeks leave to amend the petition by interlineation to add "section # 29b, CONCLUSION, page 5b" (Doc. 5, p. 2). The proposed addition is pertinent to whether the petition has any merit under Section 2241, or whether it raises arguments that fall within the ambit of a civil rights action.
The new material contains an assertion that petitioner's projected release date is being altered because he cannot discharge an IRS tax lien under 26 U.S.C. § 6325-pursuant to 28 U.S.C. § 3206. Respondent Warden Walton and CMU officials perceive that petitioner's dealings with the Treasury Department and IRS have been criminal, although petitioner is not attacking any disciplinary convictions. He further contends this issue cannot be addressed in a civil rights action.
Amendment by interlineation is not permitted. See Local Rule 15.1; FED.R.CIV.P. 15. Nevertheless, the Court will GRANT the motion (Doc. 5) and consider the additional section (Doc. 5, p. 2), so as to provide a thorough analysis of the petition.
The petition is more easily understood knowing a bit about petitioner's underlying criminal history.
On May 4, 2004, petitioner Anthony Singleton (a.k.a. Anthony Singleton Hall and/or Anthony Singleton-El), who has self-identified as a "sovereign citizen, " was convicted by a jury in the Northern District of Illinois of theft of mail and possession of a mail access device. United States v. Singleton, Case No. 03-cr-175 (N.D. Ill.). In 2005 he was sentenced to 115 months imprisonment, to be followed by three years of supervised release, and he was ordered to pay restitution (Doc. 99 in the criminal case).
On November 7, 2011, after Singleton was released from prison, the government moved to revoke petitioner's supervised release (Docs. 145, 146 in the criminal case). When this motion came for hearing on January 4, 2012, petitioner failed to appear, and a bench warrant was issued for his arrest (Doc. 145 in the criminal case). The revocation motion was not addressed until July 2013 because petitioner had been arrested on December 30, 2011, in New York on a charge of grand larceny and possession of a forged Treasury check in the amount of $256, 000.00 ( see Doc. 158 in the criminal case). He was sentenced to time served (approximately 15 months).
On July 18, 2013, back in the Northern District of Illinois, petitioner was found to have violated the terms of his supervised release, and was sentenced to 36 months in prison (Doc. 172 in criminal case). As a result, petitioner is currently housed in the CMU at USP-Marion.
Petitioner Singleton is no stranger to this Court. Two other petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2241 were recently dismissed. See Singleton v. Walton, Case No. 14-cv-288-DRH-CJP (S.D. Ill. 2014); Singleton v. Walton, Case No. 14-cv-1038-DRH (S.D. ...