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.

Allah v. Warden, FCC Coleman - USP I

United States District Court, M.D. Florida, Ocala Division

July 11, 2019

RATEEK ALLAH, Petitioner,
v.
WARDEN, FCC COLEMAN - USP I, Respondent.

          ORDER

          WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE.

         This cause comes before the Court on the Petition for Writ of Habeas Corpus (Dkt. 1) filed by Rateek Allah pursuant to 28 U.S.C. § 2241, the response (Dkt. 5), and the reply and accompanying affidavit (Dkts. 7, 9). After careful consideration of the submissions of the parties and the entire file, the Court concludes the petition should be denied.

         BACKGROUND

         Rateek Allah is a federal inmate who was incarcerated at the Federal Correctional Complex, Untied States Penitentiary Coleman I in Sumter County, Florida, when he filed his petition. Dkt. 5 at 1.[1] He is serving a 210-month term of incarceration imposed by the United States District Court in the Southern District of Florida. Dkt. 5-1 at 4-5. In February 2016, Mr. Allah was disciplined by the Bureau of Prisons (“BOP”). Id. at 19, 36. He contends he did not commit the imposed disciplinary infractions and seeks to overturn the sanctions imposed. Dkt. 1. His current release date is calculated at September 2, 2022.[2]

         THE BOP RECORD

         On February 2, 2016, Mr. Allah was housed at the Federal Correctional Institution in Estill, South Carolina. That day, he was written up for insolence, refusing to obey an order, and threatening bodily harm to a BOP staff member (Incident No. 2811425) and for refusing to obey an order and assault without serious injury on a BOP lieutenant (Incident No. 2811415). Dkt. 5-1 at 7-8 (No. 2811425), 27 (No. 2811415).

         Incident No. 2811425 against Staff Member T. Horvath

         At 7:00 a.m., staff member T. Horvath noticed Mr. Allah following her in his wheelchair as she was walking about the compound. Dkt. 5-1 at 7, 20. She noticed he was talking to another inmate “in a loud belligerent tone stating he had not taken his meds in 4 days.” Id. He said that he was high and would “f- someone up.” Id. He continued to use “profane language.” Id. Horvath told him “that was enough” and asked for his identification. Id. He told her he did not have it and did not have to give it her, all the while using the same foul language. Id.

         Horvath asked Mr. Allah to go with her. Dkt. 5-1 at 7, 20. He continued to “be insolent with [her]” until she turned him over to the compound officer, Lieutenant R. Hensley. Id. She explained the situation to Lt. Hensley. Dkt. 5-1 at 8, 20. As she walked away, she could still hear Mr. Allah yelling obscenities directed at her. Id. He shouted that she was lying about him and she “better [be kept] away from me because I'll f- her up.” Id. At this time she witnessed him “rais[ing] his arms in the air and pointing in [her] direction” and “moving his feet quickly in a rage as if he wanted to fight staff.” Id. She remarked that “his focus and rage had begun with [her].” Id.

         Incident No. 2811415 against Lt. R. Hensley

         In view of the situation, Lt. Hensley immediately ordered the compound to be secured. Dkt. 5-1 at 27, 29, 37. He told Mr. Allah that he would be placed in special housing pending the outcome of the incident report. Id. Mr. Allah told Lt. Hensley he was not going to special housing, jumped out of his wheelchair, and “got in an aggressive threatening stance.” Id. At that point, Mr. Allah started shouting “I am going to knock you out before I go to SHU.” Id. Once the inmates were secure, Lt. Hensley took a step toward Mr. Allah. Id. Mr. Allah kicked Lt. Hensley in the groin as he was being taken to the ground. Id. Mr. Allah was handcuffed and placed in special housing. Dkt. 5-1 at 9, 27.

         Disciplinary Proceedings (2811425) - Staff Member Horvath

         Incident report number 2811425 was timely delivered to Mr. Allah, and a BOP investigating lieutenant then advised him of his right to remain silent. Dkt. 5-1 at 7. Referring to the incident, Mr. Allah stated “[t]hat some of what is said in here is true but some of it aren't.” Dkt. 5-1 at 9.

         The incident report was forwarded to the Unit Disciplinary Committee (“the UDC” or “the Committee”). Mr. Allah made the following comments to the investigator about the incident report: “She [Horvath] told the truth about me cursing on the sidewalk. Everything was true until she said I was going to f- her up. Never mind. I did say that. The report is true.” Dkt. 5-1 at 7.

         The Committee referred the charges to the Discipline Hearing Officer (DHO). Dkt. 5-1 at 7. The Committee's recommendation to the DHO included 60 days' loss of good conduct. Id. That same day Mr. Allah received written notice of both the discipline hearing and ...


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.