Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ellis v. United States

United States District Court, N.D. Texas, Fort Worth Division

October 8, 2019

PRISCILLA ELLIS, Petitioner,
v.
UNITED STATES OF AMERICA, Et Al Respondent.

          OPINION AND ORDER

          REED O'CONNOR UNITED STATES DISTRICT JUDGE.

         Before 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.

         I. BACKGROUND

         Bureau 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.[1] Ellis is now incarcerated at FMC-Carswell in Fort Worth, Texas.

         II. CLAIMS FOR RELIEF

         As 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.

         Mot. 1, 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.

         In 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.

         III. ANALYSIS

         A. Motion Seeking Relief from SAM Conditions Already Denied

         A 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. 14.[2] 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.