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HomeMy WebLinkAbout10-6278IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND, PENNSYLVANIA Sean Pressley, Petitioner, •,' VS. 'No.- -7e ?? Jeffrey Beard, . Respondent, PETITION FOR WRIT OF HABEAS CORPUS TO REVIEW RESTRICTED RELEASE LIST CONFINEMENT NOW COMES Sean Pressley, hereby petitioning this court for a WRIT OF HABES CORPUS, ordering Respondent to certify to the cause of his confinement, that said confinement be considered illegal and without cause and that this court enter an Order for his immediate release and as grounds therefore assert the following: 1. Mr. Pressley is a prisoner who at all times relevant hereto was commited to the Special Management Unit (SMU) at SCI-CampHill; and Jeffrey Beard is the chief administrator of the Department of Corrections (DOC) exercising control over him in Cumberland county. 2. Confinement on the Restricted Release List is unreasonable under the circumstances and in effect is a denial of the constitutional rights guaranteed to Mr. Pressley by the First, Eighth and Fourteenth Amendments to the Constitution of the United States. In support of his petition, Petitioner sets forth the following statements of fact: FACTS Petitioner was placed in the SHU at SCI-CampHill in June 2003. Upon his arrival the SMU petitioner begin to have problems with a corrections officer named Adam Huber. During the 33, years that Petitioner was there he made hundreds of complaints against this, some of which were for abuse and asked to be separated from him. DOC officials never took complaints by prisoner serious. On 10-30-06 Petitioner had successfully completed the SMU program and was preparing to be transferred the following day to population at SCI-Hunington. Part of this preparation was to conduct an inventory of my personal property. During this inventory Petitioner was assaulted by corrections officers Huber and Zimmerman. Thereafter corrections officers Yohn, Gerber, Ayers, Tabias, and Taylor arrived and began to attach Petitioner as well. Petitioner suffered several injuries. To cover up the assault on Petitioner both Huber and Zimmerman filed false misconduct reports claiming that Petitioner had in fact assaulted them without provocation. Then Yohn, Gerber, Ayers, Tabias and Taylor filed incident reports in an attempt to cover up their attach claiming that Petitioner had assaulted all of the officers involved. As a result of these false allegations Petitioners graduation and transfer were stopped and he was placed on the RRL. Huber and Zimmerman filed criminal felony assault charges with the Pennsylvania State Police on Petitioner. Petitioner was arraiged on these charges in the Cumberland Count Court of Com on Peas. A trial was held on these charges and on August 121" 2009 Petitioner was exonerated. Thereafter, Petitioner wrote to respondent seeking removal from RRL and to be released to population which is where he would have been but for the assault and frame up on him. Respondent denied Petitioners request. Petitioner is a parole eligible prisoner. His minimum date for parole is August of 2010. His confinement in the RHU on RRL works to extend his term of incarceration because he has mandatory proqrams to complete which are not available to him in the RHU on RRL. Petitioner submits that there is a presumption of correctness in the furies NOT GUILTY verdict and because of the fore going facts, are being restrained of his liberty by the Respondent in violation of the Constitution of the United States. He therefore ask that a Writ of Habes Corpus be granted and and an order be entered removing him from RRL and releasing him to population. I verifv that the statements contained herein are true and correct to the best of my knowledge, information and understanding. RESPECTFULLY SUBMITTED this 7th, day of June 0IL S Pres 12v #CG4129 301 Morea rd. Frackville, Pa lj;ti32 t`w1 Cz? C= c, --t r- > Cr w;'C? > t-a t? r,l cx; C:) " F" I .. M C ? - r:5 - 0 ?_, C n IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND, PENNSYLVANIA Sean Presslev, petitioner, I VS. NoIi ?Q'V??2s C?V? f Jeffrev Beard, Respondent, MOTION TO PROCEED INFORMA PAUPERIS Petitioner moves pursuant to Rule 240 Pa. Rules of Civil Procedures requestinq to proceed without prepayment of the fees associated with the filing of this action and in support thereof states: 1. I'm a prisoner currently housed in the RHU. 2. I'm not permitted to work in the RHU and have not source of income. 3. Attached hereto is a true and correct copy of my account balance _listed at .05<-. 4. I believe that my action has arguable merit and that I would be prejudiced if not permitted to qo forth. Wherefore, for the above stated reasons the court should grant Petitioners request to proceed in orma pauperis. Respectfully submitted this 7th day of Jun , 2010. an Pressley #CG4129 301 Morea rd. Frackville, Pa 17 3 -n P"* •'Y .,.A> t Yl d+Y V ?C C)"I (O ? ? t ) cpv 'T --ml" C--- -:=s g t ar ? • •a ? ...er '•.y'" r... ?y ? ?p r ?y F'. C) ^ 1 PAGE 1 H-D-1012 INMATE NAME NUMBER LAST CG4129 PRESSLEY BATCH DATE # MO DY YEAR INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI SHAWN TRANSACTION DESCRIPTION 08-12-2010 1908 MAH OLD BALANCE 9.05 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 8209 07-28-2010 32 MAH COMMISSARY FOR 7/28/2010 -8.41 .64 8224 08-12-2010 32 MAH COMMISSARY FOR 8/12/2010 -.51 .13 NEW BALANCE AS OF THIS STATEMENT -------------------> .13 SEAN PRESSLEY, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 10-6278 CIVIL JEFFREY BEARD, Respondent IN RE: PETITION FOR WRIT OF HABEAS CORPUS TO REVIEW RESTRICTED RELEASE LIST CONFINEMENT ORDER AND NOW, this oo' day of December, 2010, it appearing to the court that the defendant is not incarcerated within the county overseen by this court, his petition for writ of habeas corpus is DISMISSED. Sean Pressley, #CG4129 SCI-Mahanoy 301 Morea Road Frackville, PA 17932 Am c6p LC raf e?? d BY THE COURT, Kevin ess, P. J. rri t -- ?© filly•• X >c rv orn --? N b -C