Williams v. Warden of FCI McKean

Full title: LARRY WILLIAMS, Petitioner v. WARDEN OF FCI MCKEAN, Respondent

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Jul 6, 2021

Facts

On August 17, 2018, at approximately 10:55 a.m., a staff member at FCI McKean discovered a black LG cell phone in the possession of an inmate named Padilla. ECF No. 10-5 at 4. After reviewing a forensic analysis of the phone, the reporting officer determined that Petitioner had used the phone to make or receive at least sixteen phone calls between June 25, 2018, and August 17, 2018. Id. The officer based his conclusion on the fact that those calls were made to two individuals identified as “friends” on Petitioner’s contact list. Id. Those individuals did not appear on the contact list of any other inmates. Id. Based on this information, the officer concluded that Petitioner had used and possessed the cell phone within the confines of FCI McKean and charged him with possession of a hazardous tool in violation of Prohibited Act Code 108. ECF No. 10-5.

On September 12, 2018, the prison served Petitioner with incident report 3168627 charging him with a violation of Code 108. ECF No. 10-5 at 6. As part of the investigation, Petitioner was advised of his rights and stated, “I wasn’t using that phone.” Id.

Issue

Decision

For the foregoing reasons, the petitioner’s petition for a writ of habeas corpus is dismissed. The clerk is directed to mark this case closed. 

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