United States District Court, M.D. Florida, Ocala Division
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE.
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
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
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.
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).
No. 2811425 against Staff Member T. Horvath
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.
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
No. 2811415 against Lt. R. Hensley
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.
Proceedings (2811425) - Staff Member Horvath
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.
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.
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 ...