Saturday, September 14, 2013

MS - Mora v. WARDEN FCC COLEMAN-LOW, Dist. Court, SD Mississippi 2013 - Google Scholar

Original Article

Diigo Post Excerpt:
This matter is before the court on the Petition for Writ of Habeas corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner _____ concerning the terms of his sentence, which he asserts are based on incorrect information contained in his Presentence Report ("PSR"). _____ has filed several motions contesting his classification as a sex offender. He claims that he has a liberty interest in his prison classification and, therefore, must be afforded a due process hearing so that his sex offender status can be eliminated. In addition, _____ has moved for summary judgment and for the court to construe his petition under 28 U.S.C. § 2201. In response, the Government argues that the Petitioner's classification does not affect the duration of his confinement, but rather is a condition of his confinement and, therefore, does not entitle him to habeas relief. The Government contends that the Petitioner has failed to provide a sufficient basis for a due process hearing and further, that res judicata bars his claims. Having considered the record, applicable law, and submissions of the parties, the undersigned is of the opinion that _____'s habeas petition should be denied.

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