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Todd v. Settles

United States District Court, W.D. Tennessee, Western Division

March 7, 2017

XAVIER SHERROD TODD, Petitioner,
v.
DARREN SETTLES, et al., Respondent.

          ORDER TO MODIFY THE DOCKET, DENYING MOTION TO COMPEL (ECF NO. 13), AND DISMISSING CERTAIN CLAIMS

          S. THOMAS ANDERSON UNITED STATES DISTRICT JUDGE

         Before the Court is the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“§ 2241 Petition”), as amended, filed by Petitioner, Xavier Sherrod Todd, Bureau of Prisons register number 16647-076, who was, when he commenced this action, an inmate at the Federal Correctional Institution Medium in Forrest City, Arkansas (“FCI Forrest City Medium”) (ECF No. 1), and Todd's Motion to Compel (ECF No. 13).[1] For the reasons stated below, the Court DENIES the Motion to Compel and DISMISSES certain claims in the § 2241 Petition.[2]

         I. BACKGROUND AND PROCEDURAL HISTORY

         Until he was released on December 23, 2016, Todd was serving a federal sentence for bank fraud, which was imposed in 2014, and a sentence for violating the terms of his supervised release from his 1999 sentence. Upon his release, Todd was transferred to state custody to serve one or more state sentences. Most of the filings in this case address various convictions and sentences obtained in the Criminal Court for Shelby County, Tennessee.

         A. Todd's Tennessee Convictions and Sentences

         On January 9, 1989, Todd entered guilty pleas in the Criminal Court for Shelby County, Tennessee, to burglary of an automobile, assault with intent to commit first degree murder, and grand larceny. Todd was sentenced to a term of imprisonment of five years. On March 3, 1989, Todd pled guilty to one count of burglary of an automobile and two counts of grand larceny. The trial judge sentenced Todd to a term of imprisonment of three years, with that sentence to run concurrently to the sentence that had been imposed on January 9, 1989. On June 30, 1989, Todd pled guilty to attempt to commit third degree burglary. He was sentenced to a term of imprisonment of two years, to run concurrently with his outstanding sentences. Todd served those sentences and was released. See Todd v. State, No. W2005-00681-CCA-R3-HC, 2005 WL 2259060, at *1, 2 (Tenn. Crim. App. Sept. 16, 2005) (“Todd I”).

         On July 9, 1998, Todd pled guilty to driving while a habitual motor vehicle offender. He was sentenced to two years.

         On June 19, 2000, Todd pled guilty to two counts of theft of property over $60, 000, one count of intentionally evading arrest in a motor vehicle, three counts of burglary of a building, two counts of driving while a habitual motor vehicle offender, one count of possession of a handgun by a convicted felon, and one count of theft of property over $1000. The trial judge imposed an effective sentence of thirty years to be served as a career offender with 60% release eligibility, to run concurrently to the sentence Todd was serving for his 1999 federal conviction. Todd v. State, No. W2005-02483-CCA-R3-PC, 2006 WL 2771035 (Tenn. Crim. App. Sept. 27, 2006), appeal denied (Tenn. Jan. 22, 2007) (“Todd II”).

         On October 4, 2004, Todd filed a petition for a writ of habeas corpus in the Shelby County Criminal Court in which he alleged that his 1989 sentences were illegal under Tennessee law because all of his sentences were to run concurrently. Because Todd committed some of his offenses while he was on bail, the sentences obtained for those convictions were supposed to have been run consecutively to the first sentences that were imposed. The trial court summarily denied the petition. The Tennessee Court of Criminal Appeals (“TCCA”) affirmed, holding that Todd was not entitled to habeas relief because he “is no longer in the custody of the State of Tennessee and . . . the challenged sentences have long since expired.” Todd I, 2005 WL 2259060, at *2.

         B. Case Number 2:15-cv-02312

         On May 11, 2015, Todd filed his pro se § 2241 Petition. (ECF No. 1.) The Clerk shall record the respondents as Attorney General Jeff Sessions and BCCX Warden Darren Settles.[3]The § 2241 Petition bears the docket numbers of twenty-five cases from the Criminal Court for Shelby County, Tennessee, dated between 1988 and 1999. (ECF No. 1 at PageID 1.) The § 2241 Petition asserts that, on February 18, 2015, Todd mailed a private Administrative Notice and Counterclaim bearing these docket numbers to the Criminal Court. (Id. at PageID 4.)[4] The Administrative Notice gave the Respondents twenty-one days to respond. Because they failed to respond, Todd argues that his numerous criminal judgments are now void. (ECF No. 1 at PageID 4.)[5] On March 18, 2015, Todd mailed Private Administrative Notices of Default and Opportunity to Cure. Because the “Respondents” did not respond within fourteen days, as demanded, Todd argues that they have conceded to default judgments and final judgments. (ECF No. 1 at PageID 4.) The prayer for relief asks the Court to

perfect my Judgment by releasing the Proceeds, Products, Accounts, Fixtures, and Credit and Orders of Judgment back to me, the Principal and Owner of the Accounts, further i [sic] request the court to perform full set off, Settlement, Closure, Adjustment, Expungement of all accounts of record with the State of Tennessee Department of Corrections, NCIC, Interpol, and all other Local, State, Federal, International Governments, all in accorded [sic] with the Public Policy in Public Law 73-10 (31 U.S.C.-5118 ET. AL) invoking (28 U.S.C.-2201)

(Id. at PageID 5.)

         On August 31, 2015, Todd filed a document, titled AMENDMENT SUPPLEMENTAL PROOF OF RECORD TO SUPPORT PRIVATE ADMINISTRATIVE NOTICE AND COUNTER CLAIM DEFAULT JUDGMENT SERVICE OF PROCESS-SUBSTITUTE OF SERVICE, that purports to show that the Private Administrative Notice and Counter Claim referred to in the original § 2241 Petition was properly served on the purported respondents. (ECF No. 5.) Todd asks the Court to “perfect his Nil Dicit Default Judgment [and] order the State of Tennessee to expunge state priors from there [sic] records” ...


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