United States District Court, M.D. Tennessee, Nashville Division
WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE.
Carter King is a Tennessee prisoner incarcerated at the
Hardeman County Correctional Facility, where he is currently
serving a total effective sentence of twelve years pursuant
to criminal judgments of conviction for burglary, theft of
property valued at more than $500, and possession of a
controlled substance. He filed a pro se, in forma pauperis
petition for a writ of habeas corpus under 28 U.S.C. §
2241 alleging that his sentence already has expired. (Doc.
pending before the Court are Petitioner's Motions to
Receive Jail Credit (Doc. No. 6) and to Amend and/or
Supplement (Doc. No. 22). Also pending is Respondent's
Motion to Dismiss the habeas petition. (Doc. No. 25).
Petitioner filed his original § 2241 petition, he was
confined at the South Central Correctional Facility in
Clifton, Tennessee. However, Petitioner currently is confined
at the Hardeman County Correctional Facility. Hilton Hill,
Jr. is the Warden of that facility. Pursuant to Habeas Rule
2, if the petitioner is currently in custody under a
state-court judgment, the petition must name as respondent
the state officer who has custody. Therefore, the Clerk will
be directed to substitute Hilton Hall, Jr. as the proper
Respondent in this case.
Petitioner's Motion to Amend and/or Supplement
filing his petition, Petitioner filed a Motion to Amend
and/or Supplement his petition. (Doc. No. 22). Petitioner
seeks to add a statement that “[t]he record is 100
percent void of any evidence to support the indictment”
and a request for compensation “for every day spent
incarcerated” after the expiration of his sentence.
(Id. at 1). Petitioner's motion will be granted,
and the Court will consider the petition amended as
Petitioner's Motion to Receive Jail Credit
Motion to Receive Jail Credit (Doc. No. 6) posits that
Petitioner's sentence is expired and, in December of
2018, he “will have served 10 years on a 12 year
sentence.” (Id. at 2). Because this Motion
raises the same arguments as Petitioner's § 2241
petition, the Court must consider Petitioner's Motion
simultaneously with the petition.
Petition for Writ of Habeas Corpus under 28 U.S.C. §
February 26, 2009, Petitioner was indicted in Fentress County
Criminal Court on charges of burglary and theft of property
valued at more than $500 in Case Number 9536. (Doc. No. 24,
Attach. 1 at PageID# 100-01). At the time of the offenses,
Petitioner was on probation for a one-year sentence in Case
Number 29884. (See Doc. No. 24, Attach. 1 at PageID#
111). On July 9, 2009, Petitioner pled guilty to both
offenses in Case Number 9536. (Id. at PageID #
128-29). At that time, the trial court entered an interim
judgment and set a sentencing hearing for September 21, 2009.
(Id. at PageID# 132). At the sentencing hearing, the
trial court imposed a six-year sentence for the burglary
conviction and a one-year sentence for the theft conviction.
(Id. at PageID# 133-34). The sentences were
consecutive to each other and consecutive to the sentence in
Case Number 32291. (Id.) The result was a total
effective sentence of seven years with one year to be served
in split confinement before Petitioner was released on
supervised probation for the remaining six years.
(Id.) While on probation, Petitioner was to enter
and complete a long-term drug rehabilitation program.
(Id.) The trial court awarded pretrial jail credit
in the amount of 170 days for two periods: December 27, 2008,
to April 20, 2009, and July 28, 2009, to September 21, 2009.
(Id.) The trial court also applied a total of 40
days of pretrial behavior credits in accordance with
Tennessee Code Annotated § 41-21-236. (Doc. No. 26,
Attach. 1 at 2). Petitioner was released from the custody of
the Fentress County Jail on February 14, 2010, to probation
October 28, 2010, Petitioner was indicted in Fentress County
Criminal Court on a charge of unlawful possession of a
controlled substance in a penal institution in Case Number
10-108. (Doc. No. 24, Attach. 2 at PageID# 154-55). Based on
that indictment, a petition to revoke his probation was filed
in Case Number 9536 on January 24, 2011. (See Doc.
No. 24, Attach. 1 at PageID# 136). The petition alleged that
the offense of unlawful possession of a controlled substance
in a penal institution occurred on August 21, 2010, while
Petitioner was serving the split confinement portion of his
sentence in Case Number 9536. (See id.) On the same
day that the probation revocation petition was filed,
Petitioner entered a guilty plea in Case Number 10-108.
(See Doc. No. 24, Attach. 2 at PageID# 163-64). The
trial court imposed a sentence of five years to be served
consecutive to the seven-year sentence in Case Number 9536
for a total effective sentence of twelve years. (Id.
at PageID# 167). The trial court revoked the probation in
Case Number 9536 and ordered that the entire twelve-year
sentence be served on Community Corrections. (See
id. at PageID# 163-68). When Petitioner was accepted