Lettieri v. Bonanro
| David C. Lettieri |
| Paul E. Bonanro |
| 1:2023cv01307 |
| December 20, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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| Document Text |
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| Filing 4 JUDGMENT in favor of Paul E. Bonanro against David C. Lettieri. Signed by Mary C. Loewenguth, Clerk of Court on 1/30/2024. (JLV) This was mailed to: David C. Lettieri along with a copy of Dkt. #3, Text Order. |
| Filing 3 TEXT ORDER GRANTING #2 motion to proceed in forma pauperis ("IFP") and DISMISSING this action without prejudice to filing a civil complaint based on the facts asserted in the petition.The pro se petitioner, David C. Lettieri, is currently confined at the Niagara County Jail. He has filed a petition for a writ of habeas corpus under 28 U.S.C. 2241, Docket Item #1 , and has moved for permission to proceed IFP. Docket Item #2 . Lettieri's motion to proceed IFP is granted.A habeas corpus petition brought under section 2241 "generally challenges the execution of a federal prisoner's sentence." Jiminian v. Nash, 245 F.3d 144, 146 (2d Cir. 2001) (emphasis in original). Although a narrow category of claims regarding prison conditions may be asserted in a section 2241 petition, see Thompson v. Choinski, 525 F.3d 205 (2d Cir. 2008), Lettieri does not assert any such claims here. Rather, he complains that the government violated his Fourth Amendment rights when it searched his home. Docket Item #1 at 9-10.Lettieri has filed more than 70 petitions and civil actions in this District since November 2022, see In re: David C. Lettieri, Case No. 23-mc-32, Docket Item 18 (W.D.N.Y. Jan. 19, 2024), and has been barred from proceeding IFP under the "three strikes rule," id.; see 28 U.S.C. 1915(g) (providing that a prisoner may not bring a "civil action or appeal" IFP if the prisoner has, "on 3 or more prior occasions," brought an action "that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted," unless he is "under imminent danger of serious physical injury"). But the three strikes rule does not apply to habeas petitions. See Adams v. McGinnis, 317 F. Supp. 2d 243, 245 n.1 (W.D.N.Y. 2004) (noting that the Prisoner Litigation Reform Act of 1996, which includes the three strikes rule, does not apply to habeas petitions).Since the Court began entering three strikes orders, Lettieri has filed several petitions under section 2241. See, e.g., Lettieri v. Kobrin, Case No. 23-cv-1156, Docket Item 5 (W.D.N.Y. Dec. 14, 2023) (dismissing petition without prejudice to filing a new action under 42 U.S.C. 1983). Lettieri's abusive litigation history, coupled with his shift to habeas petitions once three strikes orders began, strongly suggests that he filed this petition under section 2241 to avoid the three strikes bar. Regardless, because Lettieri is not challenging the execution of his sentence or the fact of his confinement, he is not entitled to relief under section 2241. The petition therefore is dismissed without prejudice to filing a civil complaint, and the Clerk of the Court shall close this action. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this judgment would not be taken in good faith and therefore denies leave to appeal as a poor person. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/30/2024. (DJ)Clerk to Follow up by mailing a copy of this order to the petitioner. |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by David C. Lettieri. (JLV) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by David C. Lettieri. (JLV) |
| Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (JLV) |
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