United States District Court, N.D. Texas, Fort Worth Division
TERRENCE M. BROWN, Petitioner,
ERIC D. WILSON, Warden FMC-Fort Worth, Respondent.
OPINION AND ORDER
T. PITTMAN, UNITED STATES DISTRICT JUDGE
the Court is a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2241 filed by Petitioner Terrence M.
Brown (“Brown”), a federal prisoner then confined
at FMC-Fort Worth in Fort Worth, Texas. In addition to
the form § 2241 petition (ECF No. 1), Brown filed a
brief with exhibits (ECF No. 2). The Court also has a
response with an appendix (ECF Nos. 12, 13), and Brown's
reply (ECF No. 14). Brown seeks restoration of 54 days of
good conduct time credit that were removed as a result of a
finding of guilt on two disciplinary code charges. Pet. at 7,
ECF No.1. After considering the pleadings and relief sought
by Brown and the applicable law, the Court finds that the
§ 2241 petition must be DENIED.
is housed in the Bureau of Prisons (BOP) serving an 87-month
term of imprisonment for conspiracy to commit wire fraud.
App. 3-4, Charles Bickle Declaration, ECF No.
On July 5, 2017, while Brown was incarcerated at FCI-
Bastrop, in Bastrop, Texas, he received an incident report
charging him with the violation of BOP Disciplinary Code 296,
using mail for abuse, and Code 299, conduct which disrupts,
most like Code 204, extortion of blackmail. App. 17, Incident
Report, §§ 10, ECF No. 13. Both charges arose from
an e-mail Brown sent through the BOP internal mail system on
July 4, 2017, to Unit Manger Wohld that was received the next
day. Brown Brief 57, ECF No. 2. On the same day the e-mail
was received, Wohld filed an incident report listing this
description of the incident:
On July 5, 2017, at approximately 10:40 a.m., I received and
opened an Electronic Notice to Staff from inmate Brown,
Terrence Matthew, reg. no. 08524-031. Inmate Brown states,
“Happy Fourth of July, today is truly your Independence
Day. I am hereby respectfully asking for your immediate
resignation from the Federal Bureau of Prisons. In exchange
for your resignation I am willing to agree not to pursue your
termination and formal criminal charges against you for the
felony you have now committed.” Inmate Brown further
states, “When you falsified the date of your response
to my Attempt at Informal Resolution in an attempt to create
a defense in the lawsuit served upon you just hours before
your falsification, you committed a felony offense I can now
prove this crime was committed and am going to seek a Third
Party Sentence Reduction under Rule 35 of the Federal Rules
of Criminal Procedure in exchange for my cooperation against
you. I will agree not to pursue such action if you submit
your resignation by July 7, 2017. If no such action is taken,
then I will reach out to a Special Agent of the Federal
Bureau of Investigation next week to pursue criminal charges
and your immediate termination.” Inmate Brown's
action[s] are an attempt to extort me in my current position
based on my duties as his assigned Unit Manager. It is clear
inmate Brown is using threats and coercion in an attempt to
force my resignation under false pretense. Inmate Brown is
also using the inmate Trulinks system to further these
App. 17, § 11, ECF No. 13.
investigation of the incident report was completed the same
day. App. 18, § 27, ECF No. 13. Brown did not request a
witness. Id. § 25. After advising Brown of his
rights and providing him with a copy of the incident report,
the investigating lieutenant asked Brown if he wished to make
a statement. Id. § 24. The investigator
recorded Brown's statement as:
I am in prison for signing something that is not true. So
when I see staff members sign documents that is based on
something that is not true, I take that serious because it is
a crime. My actions were not to extort or blackmail her, it
was only to show that what she is doing is wrong and a crime.
subsequently appeared before a Unit Disciplinary Committee
(UDC) on July 7, 2017. App. 17, § 21, ECF NO. 13. He
provided the following statement to the UDC: “Inmate
Brown stated there was no blackmail or extortion concerning
(illegible) communications to her nor anything false.”
Id., § 17. The UDC referred the charge to a
Disciplinary Hearing Officer (DHO) for final hearing and
disposition. Id., § 18(B). Brown was provided
written notice of his rights before the DHO and given the
opportunity to request witnesses and a staff representative.
App.4, ¶¶ 6 and 7, ECF No. 13; App. 21, 23, ECF No.
13. Brown requested a staff representative but did not
request any witnesses. App. 23, ECF No. 13.
next appeared for the hearing before the DHO on July 27,
2017. App. 4, ¶ 8, ECF No. 13. A staff representative
appeared with him. App. 23, § II, ECF No. 13. Brown gave
a statement recorded as:
I woke up on July fourth and was offended cause I am truly in
prison for no fault of my own. I wrote I was serious in the
e-mail, but later in the day I thought about sending a second
e-mail but I didn't. I did report Ms. Wohld's
wrongdoing later that day because I thought she would use my
lawsuit against her against me and that she obviously would
App. 25, § III (B), ECF No. 13.
on the evidence presented, the DHO concluded that the greater
weight of the evidence supported a finding that Brown
violated Code 299, conduct disruptive to security or orderly
running of a BOP facility (high severity), most like Code 204
(extortion or blackmail), and Code 296, use of the mail for
abuses other than criminal activity. Id., § VI.
The DHO described to Petitioner the evidence relied upon in
reaching this conclusion. Id. § V. That is, the
DHO considered the reporting employee's account of the
incident, Petitioner's verbal and handwritten statements,
and the e-mail to Unit Manager Wohld dated July 4, 2017.
Id.; Brown Brief 57, ECF No. 2. The DHO sanctioned
Petitioner to 7 days of disciplinary segregation, disallowed
27 days of good conduct time, and 120 days loss of commissary
and visitation privileges for violating Code 299, most ...