If you follow the links provided by gregor, you will be asked to advocate for Martin Armstrong.
Request from NATHAN'S ECONOMIC EDGE: economicedge.blogspot.com
There are people who are seeking new legal help for Martin on this issue as the law is clearly not being followed. Below [at the link provided] is a plea for help from supporters of Armstrong and his family: They are requesting that everyone please PHONE, EMAIL, AND FAX the following people to remind them of their responsibility to uphold the law and to protect Armstrong.
"Marty has not one but two open habeas before the court at this time:"
#1 A habeas in Camden Federal Court # 08251
#2 A habeas in the Supreme Court # 099470
Rule 36 of the Supreme Court states that Marty can’t be moved
while there is an open habeas [unless ordered by the judge whose decision is under review].
RULES OF THE Supreme Court of the United States
ADOPTED JULY 17, 2007
EFFECTIVE OCTOBER 1, 2007
CLER
Rule 36. Custody of Prisoners in Habeas Corpus
Proceedings
1. Pending review in this Court of a decision in a habeas
corpus proceeding commenced before a court, Justice, or
judge of the United States, the person having custody of the
prisoner may not transfer custody to another person unless
the transfer is authorized under this Rule.
2. Upon application by a custodian, the court, Justice, or
judge who entered the decision under review may authorize
transfer and the substitution of a successor custodian as a
party.
supremecourtus.gov
See below:
U.S. Department of Justice
Federal Bureau of Prisons
OPI: CPD/CPB
NUMBER: P5100.08
DATE: 9/12/2006
SUBJECT: Inmate Security
Designation and Custody
Classification
P5100.08
9/12/2006
Chapter 7 INMATE TRANSFER
The two primary people to contact here is his current Warden, Donna Zikefoose, who has, without consulting the judge as required by law, signed the order to move him. The other important contact is Traci Billingsley as she is the Public Information Officer of the entire Bureau of Prisons. This is the type of publicity I am sure they do not like..
Warden Donna Zikefoose
FCI Fort Dix
609-723-1100 Office Extension 5100
FAX 609-724-7557 ATTN. Warden Donna Zikefoose
Email dzikefoose@bop.gov
Please note that we are not 100% sure that this is the right email (95%) they don’t publish their email addresses but it follows the exact naming convention for emails for the BOP.
Zukefoose Underlings at Fort Dix
Kevin Byrd (Marty’s Case Manager)
Phone: 609-723-1100
FAX 609-724-7557 ATTN. Kevin Byrd
David Steele (The guy who handles the transfer)
Phone: 609-723-1100
FAX 609-724-7557 ATTN.
Zikefoose Superiors
Traci Billingsley, chief public information officer for the entire BOP Tell this woman we are involving the press and she has a mess on her hands thanks to the Warden at Fort Dix.
Email tbillingsley@bop.gov
Public Information Office of Prisons, U.S. Department of Justice, 320 First Street NW, Rm. 654, Washington, DC 20534;
phone: 202-307-3250;
fax: 202-514-6878.
Federal Bureau Of Prisons Northeast Regional Office
Regional Director Joe Norwood – Complain to this guy
200 Chestnut St Philadelphia, PA 19106-2979 (215) 521-7300
Email E-mail: NERO/EXECASSISTANT@BOP.GOV
The following citations from the US Federal Bureau of prisons are pertinent:
U.S. Department of Justice
Federal Bureau of Prisons
Program Statement
OPI: CPD/CPB
NUMBER: P5100.08
DATE: 9/12/2006
SUBJECT: Inmate Security
Designation and Custody
Classification
P5100.08
9/12/2006
Chapter 7 INMATE TRANSFER
. . .
at P. 11:
17. RELATIONSHIPS WITH OTHER AGENCIES
a. U.S. Parole Commission. Parolable inmates must be housed
at a parolable institution in accordance with their parole
hearing requirements unless a hearing is no longer required.
b. Administrative Office of the U.S. Courts. The court of
conviction may recommend to the Attorney General or the Bureau
that the defendant be retained at, or transferred to, a place of confinement near the place of trial or the court of appeals, for a period reasonably necessary to permit the defendant to assist in the preparation of his or her appeal. Upon receiving this recommendation, the Bureau will make every effort to place the inmate in such a facility. If a reason exists for not placing the inmate in that facility, the court must be notified of the situation and an attempt will be made to arrive at an acceptable place of confinement.
(Page 12)
Ordinarily, complicated jurisdictional or legal problems should
be resolved before transfer. Ordinarily, the sending Case
Management Coordinator will determine if an inmate has legal
action pending in the district in which confined. If so, the
individual should not be transferred without prior consultation
with the appropriate U.S. Attorney or Regional Counsel, or both. Under Rule 23(a)* of the Federal Rules of Appellate Procedures, an inmate may not be transferred, pending review of a Habeas Corpus proceeding commenced before a court, without the approval of the court. Approval for transfer should be sought through the U.S. Attorney or Regional Counsel in cases where a Habeas Corpus petition is pending. [emphasis added]
*Federal Rules of Appellate Procedure
Published by the Legal Information Institute, Cornell Law School, Dec. 2007, incorporating the revisions that took effect Dec. 1, 2007. For decisions interpreting the rules plus state appellate procedure materials, visit the LII Appellate Procedure page: law.cornell.edu
Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding
(a) Transfer of Custody Pending Review.
Pending review of a decision in a habeas corpus proceeding commenced before a court, justice, or judge of the United States for the release of a prisoner, the person having custody of the prisoner must not transfer custody to another unless a transfer is directed in accordance with this rule. When, upon application, a custodian shows the need for a transfer, the court, justice, or judge rendering the decision under review may authorize the transfer and substitute the successor custodian as a party. [emphasis added]
(b) Detention or Release Pending Review of Decision Not to Release.
While a decision not to release a prisoner is under review, the court or judge rendering the decision, or the court of appeals, or the Supreme Court, or a judge or justice of either court, may order that the prisoner be:
(1) detained in the custody from which release is sought;
(2) detained in other appropriate custody; or
(3) released on personal recognizance, with or without surety.
(c) Release Pending Review of Decision Ordering Release.
While a decision ordering the release of a prisoner is under review, the prisoner must—unless the court or judge rendering the decision, or the court of appeals, or the Supreme Court, or a judge or justice of either court orders otherwise—be released on personal recognizance, with or without surety. |
