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Nelson v. Savoie

United States District Court, W.D. Louisiana, Lake Charles Division

March 11, 2015

OMAR L. NELSON REGISTER No. 07415-017,
v.
HONORABLE DAVID KENT SAVOIE, Section P

REPORT AND RECOMMENDATION

KATHLEEN KAY, Magistrate Judge.

Before the court is an application for a writ of habeas corpus [docs. 1 & 2] filed pursuant to 28 U.S.C. § 2241 by pro se petitioner Omar L. Nelson (hereinafter "Nelson"). Nelson is in the custody of the Federal Bureau of Prisons (hereinafter "BOP") and is incarcerated at the Federal Correctional Institution in Talladega, Alabama (hereinafter "FCIT"). He challenges a detainer lodged by the State of Louisiana for pending criminal charges and claims that his right to a speedy trial has been violated.

This matter has been referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. § 636 and the standing orders of the court. For the following reasons, IT IS RECOMMENDED that the petition be DISMISSED WITH PREJUDICE.

I.

Background

In 2010 Nelson was arrested in Louisiana and charged with possession of marijuana with intent to distribute. Doc. 1, att. 3, p. 22; Doc. 3, p. 8. He was scheduled to appear in the Fourteenth Judicial District Court (hereinafter "14th JDC"), Calcasieu Parish, on April 3, 2011. Doc. 1, att. 3, p. 22. However, on March 3, 2011, he was arrested in Mississippi for possession with intent to distribute marijuana. Id. On October 3, 2011, Nelson was sentenced in the United States District Court for the Southern District of Mississippi, to sixty months' imprisonment. Doc. 3, pp. 8, 9. He is currently serving that sentence at FCIT.

On or about March 7, 2012, the Calcasieu Parish Sheriff's Office (hereinafter "CPSO") lodged a detainer against Nelson. Doc. 1, att. 3, p. 17; Doc. 1, att. 2, p. 1. At that time Nelson was incarcerated at the Federal Medical Center in Butner, North Carolina (hereinafter "FMCB"). FMCB replied to the detainer stating that it would notify CPSO three months prior to Nelson's July 10, 2015, release date. Doc. 1, att. 3, p. 25.

Nelson's filing history in regard to the detainer/lack of a speedy trial is as follows:

• May 18, 2012 - Request to Dismiss Detainer filed in the 14th JDC. Doc. 1, att. 3, p. 36
• June 27, 2012 - Demand for Speedy Trial filed in the 14th JDC. Doc. 1, att. 2, p. 1.
• September 27, 2012 - Trial court denied the Request to Dismiss. Doc. 1, att. 3, p. 37.
• January 30, 2013 - Motion to Dismiss for Failure to Prosecute, Violation of Speedy Trial Act filed in the 14th JDC. Doc. 1, att. 3, p. 28.
• April 1, 2013 - Trial court denied the Motion to Dismiss. Doc. 1, att. 3, p. 33.
• May 3, 2013 - Motion to Quash Detainer and Docket Number 5076-11 filed in the 14th JDC. ...

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