Opinion
CIVIL ACTION NO. 1:08-CV-0142, FED. REG. NO. 95662-071, SECTION P.
March 5, 2008
REPORT AND RECOMMENDATION
Federal prisoner William M. Bryon, Jr., has filed another pro se habeas corpus petition collaterally attacking his conviction in the United States District Court for the District of South Carolina.
See United States of America v. William M. Bryson, Jr., No. 8:01-cr00240 (D.S.C.)
For the reasons provided in the Report and Recommendation filed in the William M. Bryson, Jr. v. Fredrick Menifee, Warden, No. 1:07-cv-1830 at rec. doc. 10, the undersigned again recommends summary dismissal of the instant petition.
In addition, it should be noted that this filing is Mr. Bryson's sixth attempt to collaterally attack the South Carolina conviction in this court. [See William M. Bryson, Jr. v. Fredrick Menifee, Warden, No. 1:07-cv-1830, rec. doc. 10, at footnote 2] Mr. Bryson's repeated frivolous filings constitute an abuse of the writ. Dismissal on that basis and the imposition of sanctions are now in order. See Davis v. Fechtel, 150 F.3d 486 (5th Cir. 1998).
Therefore,
IT IS RECOMMENDED that petitioner's Petition for Writ of Habeas Corpus be DENIED and DISMISSED WITH PREJUDICE for the reasons provided in the Report and Recommendation filed in the William M. Bryson, Jr. v. Fredrick Menifee, Warden, No. 1:07-cv1830 at rec. doc. 10, and, because the petition constitutes an abuse of the writ;
IT IS FURTHER RECOMMENDED that the court impose appropriate sanctions on the petitioner including but not limited to monetary fines or restrictions on petitioner's ability to file further pro se actions in this Court.