United States District Court, N.D. Texas, Fort Worth Division
OPINION AND ORDER
O'CONNOR UNITED STATES DISTRICT JUDGE.
the Court is Priscilla Ellis's document entitled
“Motion for Temporary Injunction Pending Court Decision
from 11th Circuit Court of Appeals for Appeal No.
19-12452HH” construed as seeking relief under 28 U.S.C.
§ 2241. Mot. 1-13, ECF No. 1. After review of the
pleading, the record, and applicable law, the Court denies
the relief sought in part, and dismisses the remaining claims
for lack of jurisdiction.
of Prisons' inmate/petitioner Priscilla Ellis, Register
Number 03260-180, filed this case on October 2, 2019. In
October 2017, in case number 8:15-cr-320-T-23TGW, Ellis was
sentenced to a term of imprisonment of 480 months in the
United States District Court for the Middle District of
Florida after being found guilty of the following offenses:
conspiracy to commit mail and wire fraud (18 U.S.C. §
§ 1341, 1343, 1349); and conspiracy to commit money
laundering (18 U.S.C. §§ 1956(a)(2)(A), (B)(i),
& (h)). See United States v. Ellis,
No.8:15-cr-320-T-23TGW, Judgment, ECF No. 762. In January
2018, in case number 8:16-cr-502-T-30BTM, also in the United
States District Court for the Middle District of Florida,
Ellis was sentenced to a term of imprisonment of 65 years to
run consecutive to the term of imprisonment imposed in case
number 8:15-cr-320-T-23TGW, after being found guilty of
various offenses in connection with retaliating against a
witness (18 U.S.C. §§ 513(a) and 371, and 18 U.S.C.
§ 1513(a)(1)(A) and 18 U.S.C. 1958(a) (two counts
each)). See United States v. Ellis,
No.8:16-cr-502-T-30TBM, Judgment, ECF No. 129. Ellis is now
incarcerated at FMC-Carswell in Fort Worth, Texas.
CLAIMS FOR RELIEF
noted Ellis filed in this case a “Motion for Temporary
Injunction Pending Court Decision from 11th Circuit Court of
Appeal for Appeal No. 19-12452HH.” By that motion,
Ellis moves the Court to
issue a temporary restraining order to stop the issuance of a
SAM order utilizing a case that does not start for another 36
years, case number (8:16-cr-502-JSM-AEP), which would be
considered double jeopardy, as this SAM order is a type of
additional punishment that was not a part of either final
judgment and would be modifying the current sentence that I
am serving in case number 8:15-cr-320-SDM-TGW-3.
ECF NO. 1. A sam order is an order that imposes special
administrative measures. Ellis complains that those measures
limit her rights to communicate with her family members
through email, telephone, and visitation. Mot. 6-10, ECF No.
1. She seeks an order to block any such measures. Mot. 13,
ECF No. 1.
addition to seeking relief against the special administrative
procedures, Ellis includes numerous documents within her
pleading seeking relief from alleged constitutional
violations, including an incorporated document entitled
“Constitutional Rights Violations for Priscilla Ann
Ellis” (EC No. 14), a “Statement of the
Case” (ECF No. 25), and the naming of several
individuals as defendants/respondents in the case. (ECF
No.1.) The Court will also address Ellis's right to seek
this additional relief.
Motion Seeking Relief from SAM Conditions Already
review of other records of this District show that Ellis has
already sought and been denied the exact relief sought here.
Ellis filed a petition for writ of habeas corpus in Ellis
v. United States, No.3:19-CV-395-K(BT) in the Dallas
Division of this District, and there Ellis also filed an
“Emergency Motion to Stop SAM (Special Administrative
Measures) Order.” See Ellis v. United
States, No.3:19-cv-395-K(BT), Motion, ECF No.
But the Court denied the motion stating:
Petitioner filed an emergency motion to stop special
administrative procedures. (ECF No. 14) She states the
district judge in her criminal case requested that the BOP
enter a special administrative order to limit
Petitioner's communication with family and friends.
Petitioner raised this claim in her criminal case. See
United States v. Ellis, No.8:16-cr-00502-JSM-TBM-1
(M.D. Fl. 2016)(ECF No. 145.) On May 31, 2019, the district
judge in her criminal case denied the motion. See
Id. at ECF NO. 146. Petitioner cannot relitigate her
claim in this Court. Her motion is hereby DENIED.
Order, Ellis v. United States, No.3:19-cv-395-K
(BT), ECF No. 15. Because Ellis has already sought and been
denied an emergency motion seeking relief against any special
administrative procedures, her motion seeking ...