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Wilkerson v. Scruggs

United States District Court, Fourth Circuit

September 9, 2013

REGINALD WILKERSON # 095628, Petitioner,
v.
CAROLYN SCRUGGS, Respondent.

MEMORANDUM OPINION

PAUL W. GRIMM, District Judge.

Before the court is Reginald Wilkerson's ("Wilkerson") Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Respondent, through counsel, has answered the petition and requests dismissal because Wilkerson has failed to exhaust his state remedies. Wilkerson has filed a reply. A hearing is unnecessary to resolve the issues. See Loc. R. 105.6. For reasons that follow, the court will dismiss the petition and deny a certificate of appealability.

BACKGROUND

In his petition dated March 10, 2013, Wilkerson claims he is improperly detained by the States of Maryland and Delaware. As relief, he requests his "immediate release from the custody of Maryland and Delaware." Pet. 12, ECF No. 1. Wilkerson provides the following chronicle of events.

November 17, 2008- Wilkerson pleaded guilty to second-degree conspiracy in Delaware;
November 24, 2008- Wilkerson was "accidentally" released from Delaware to Maryland Custody on a parole retake warrant;[1]
December 12, 2008- Wilkerson was sentenced in the Circuit Court for Baltimore City to three years of incarceration for assault (Supp. Pet. 7, ECF No. 3);
March 9, 2009- A warrant was issued for Wilkerson by the State of Delaware;
November 23, 2010- Wilkerson was released from Western Correctional Institution to the Sheriff of Alleghany County, Maryland;
April 4, 2011- Wilkerson was released on his own recognizance by the Circuit Court for Allegany County; and
May 24, 2011- Wilkerson missed a scheduled court date in Annapolis and was arrested and detained at the Baltimore Central Booking and Intake Center ("Central Booking").

Pet. 8-9. Wilkerson does not dispute the validity of his convictions nor explain why his release from Delaware to Maryland custody was "accidental."

Wilkerson submitted the instant petition at the time he was held at Central Booking on March 10, 2013. On March 13, 2013, the Circuit Court of Baltimore City found Wilkerson guilty of violating the terms of his probation and sentenced him to four years of incarceration in case no. XXXXXXXXX.[2] Resp. to Show Cause Or. Exs. 1 and 2, ECF Nos. 11-1, 11-2; See also Md. Code Ann. Corr. Servs. ("CS") § 3-701(2) (defining "term of confinement" as "[t]he period from the first day of the sentence that begins first through the last day of the sentence that ends last"). Wilkerson was committed to the custody of the Maryland Division of Correction (DOC), and is presently housed at Jessup Correctional Institution where he is serving a term of confinement in the DOC commencing March 7, 2012, and ending on March 7, 2016. See Resp. to Show Cause Or. Ex. 3, ECF No. 11-3.

Since March 13, 2013, Wilkerson has been awarded diminution credits, including 179 good conduct credits and 13 special project credits. Id. He also earned 61 good conduct credits, 61 special project credits and 61 industrial credits for time spent in the custody of a local correctional facility under CS § 11-501, et seq. for a total of 375 diminution credits. Subtracting the 375 diminution credits earned from the March 7, 2016 maximum expiration ...


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