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Adams v. Apker

United States District Court, M.D. Pennsylvania
May 13, 2005
Civil No. 4:CV-05-720 (M.D. Pa. May. 13, 2005)

Opinion

Civil No. 4:CV-05-720.

May 13, 2005


MEMORANDUM AND ORDER


Background

Antonio B. Adams, an inmate presently confined at the Allenwood Low Security Correctional Institution, White Deer, Pennsylvania (LSCI-Allenwood), filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Memorandum and Order dated April 18, 2005, the petition was dismissed without prejudice.

Petitioner, a native of Jamaica, is presently serving a sixty (60) month sentence for his conviction on a drug related offense in the United States District Court for the Western District of Missouri. In addition, the Bureau of Immigration and Customs Enforcement (BICE) has lodged a detainer against Adams.

On March 1, 2003, the Immigration and Naturalization Service (INS) was transferred into the Department of Homeland Security and divided into three compartments. One of the compartments, the BICE, is responsible for the investigative and enforcement duties of the former INS.

Petitioner's present action challenged his federal conviction on the basis that he was not advised of his right to seek assistance from the Jamaican consulate. His petition added that the failure of government officials to apprise him of his right under 8 C.F.R. § 242 was an abuse of discretion and violated his due process and equal protection rights as well as Article 36 of the Vienna Convention on Consular Relations. Based on those same arguments, Adams, relying upon INS v. St. Cyr, 533 U.S. 289 (2001), also attacked the legality of the BICE's detainer. As relief, Petitioner sought his release and reversal of his criminal conviction.

In dismissing his petition, this Court concluded that Adams could not employ § 2241 to challenge the legality of his criminal conviction from the Western District of Missouri. It was noted that there was no basis to conclude that Petitioner's remedy under 28 U.S.C. § 2255 was inadequate or ineffective. Consequently, Adams was advised that any challenge to his federal conviction had to be pursued via either a § 2255 petition or an application for leave to file a second or successive § 2255 action. With respect to his BICE detainer challenge, the Court noted that there was no indication that a final order of removal had been entered and that the detainer was being attacked on the grounds that it resulted from an illegally obtained conviction. Furthermore, unlike St Cyr: (1) Adams' conviction did not occur prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act and (2) Petitioner was seeking to vacate a federal criminal sentence and thus had the availability of a § 2255 remedy.

Petitioner presently seeks reconsideration of the dismissal of his habeas petition on the grounds that the Court selectively included and omitted facts from the petition. Adams also argues that this Court's decision constitutes a suspension of the writ of habeas corpus. He has also filed a request for leave to proceed in forma pauperis on appeal.

Discussion

A motion for reconsideration is a device of limited utility. It may be used only to seek remediation of manifest errors of law or fact or to present newly discovered precedent or evidence which, if discovered previously, might have affected the court's decision. Harsco Corp. v. Zlotnicki, 779 F.2d 906 (3d Cir. 1985), cert. denied, 476 U.S. 1171 (1986).

It has also been held that a motion for reconsideration is appropriate in instances such as where the court has ". . . misunderstood a party, or has made a decision outside the adversarial issues presented to the court by parties, or has made an error not of reasoning, but of apprehension." See Rohrbach v. AT T Nassau Metals Corp., 902 F. Supp. 523, 527 (M.D. Pa. 1995), vacated in part on other grounds on reconsideration, 915 F. Supp. 712 (M.D. Pa. 1996) (quoting Above the Belt, Inc. v. Mel Bohannan Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va. 1983). "Because federal courts have a strong interest in the finality of judgments, motions for reconsideration should be granted sparingly." Continental Casualty Co. v. Diversified Indus., Inc., 884 F. Supp. 937, 943 (E.D. Pa. 1995).

Adams' reconsideration motion does not present any facts or arguments which would undermine this Court's prior determination that the challenge to his federal conviction cannot be asserted via a § 2241 petition. Second, this Court finds that Adams' argument that this Court's prior determination was an unconstitutional suspension of the writ of habeas corpus lacks arguable merit. On the contrary, this Court correctly found that § 2255 was Adams' exclusive remedy since he had not established that said remedy was inadequate or ineffective.

Since Petitioner's reconsideration motion has failed to establish the presence of any errors of law or fact and does not set forth any newly discovered evidence or precedent, it will be denied. However, the Petitioner's request for leave to proceed in forma pauperis on appeal will be granted. Consequently,

IT IS HEREBY ORDERED THAT:

1. Petitioner's motion for reconsideration (Record document no. 4) is denied.
2. The Petitioner's request to proceed in forma pauperis on appeal (Record document no. 6) is granted.


Summaries of

Adams v. Apker

United States District Court, M.D. Pennsylvania
May 13, 2005
Civil No. 4:CV-05-720 (M.D. Pa. May. 13, 2005)
Case details for

Adams v. Apker

Case Details

Full title:ANTONIO B. ADAMS, Petitioner v. CRAIG APKER, Respondent

Court:United States District Court, M.D. Pennsylvania

Date published: May 13, 2005

Citations

Civil No. 4:CV-05-720 (M.D. Pa. May. 13, 2005)