Case: 3:09-cr-00002-GHD-SAA Doc #: 167 Filed: 01/16/12 1 of 5 PageID #: 1564

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI UNITED STATES OF AMERICA v. RICHARD F. SCRUGGS COMBINED PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM AND MOTION FOR AN ORDER OF THE COURT FOR A MARSHAL TRANSFER OF PETITIONER TO THE HONORABLE GLENN H. DAVIDSON, SENIOR U.S. DISTRICT JUDGE RICHARD F. SCRUGGS, by and through Edward D. Robertson, Jr., of counsel hereby petitions the Court for a Writ of Habeas Corpus Ad Testificandum for RICHARD F. SCRUGGS. In addition, RCHIARD F. SCRUGGS herewith seeks, by unopposed motion, an Order of this Honorable Court ordering the United States Marshal to transport Petitioner directly from his place of incarceration at the Maxwell Air Force Base in Montgomery, Alabama, to his place of confinement for the hearing scheduled by this Court to commence on March 26, 2012. The following facts and circumstances support the Petition for Habeas Corpus Ad Testificandum: The said Petitioner, Richard F. Scruggs, is currently confined at the Federal Correctional Institution in Montgomery, Alabama. The presence of Petitioner, Richard F. Scruggs, is necessary for a hearing set for March 26, 2012, at 10 a.m. in the above referenced matter. Motion for Order Requiring Marshal Transfer of Petitioner NO. 3:09CR002-GHD

Case: 3:09-cr-00002-GHD-SAA Doc #: 167 Filed: 01/16/12 2 of 5 PageID #: 1565

Comes now Petitioner and, with the consent of the Government, requests that the Court enter its Order to the United States Marshal Service to transport Petitioner directly from the federal corrections facility at Maxwell Air Force Base, Alabama to the local incarceration facility at which Petitioner will be housed during the hearing ordered by this Court on Petitioners 28 U.S. C. 2255 motion to commence on March 26, 2012. In support of this Motion, Petitioner states to the Court as follows: 1. Through counsel, Petitioner has made a direct request to the United States Marshal Service for a transfer by the United States Marshall Service. A marshal transfer is a direct transfer outside the normal hub-and-spoke transfer procedure followed by the Bureau of Prisons to transport prisoners. The United States Marshal in Oxford indicated that it could consider Petitioners request only if the ordered by this Court. 2. Under the normal procedures of the Bureau of Prisons, Petitioner would be transported by a combination of ground and air transportation from the federal corrections facility at Maxwell Air Force Base in Montgomery, Alabama to a federal corrections facility in Atlanta. When a sufficient number of inmates were ready to be transported, Petitioner would be transported to a federal corrections facility in Oklahoma City, Oklahoma. From there, and again at a time when transportation efficiencies warranted it, Petitioner would be transported to a corrections facility in Memphis, Tennessee, and from there, driven by the United States Marshall Service to either Aberdeen, Mississippi or Oxford, Mississippi. The total distance of this journey is approximately 1600 miles. 3. The journey just described generally takes from four to six weeks. 2

Case: 3:09-cr-00002-GHD-SAA Doc #: 167 Filed: 01/16/12 3 of 5 PageID #: 1566

4. The drive from the corrections facility in Memphis, Tennessee to Aberdeen, Mississippi, the last leg of the 1600 mile journey under normal transportation procedures and a distance of 145 miles, is of nearly the same duration as a drive from Montgomery, Alabama to Aberdeen, Mississippi, a distance of 191 miles. Rather than four to six weeks, the Montgomery-Aberdeen leg should take approximately four hours. 5. During the four to six week transportation period of the Bureau of Prisons system, Petitioner would essentially be incommunicado with his counsel, effectively unavailable to assist in the preparation for the hearing ordered by this Court. 6. Further, if past experience is repeated, Petitioner will face potential health issues. During previous such transportation events under the Bureau of Prisons system, Petitioner was not regularly provided with his necessary medication. 7. Further, Petitioner is currently a mathematics GED teacher at the federal corrections facility at Maxwell Air Force Base. A prolonged absence will result in his students delaying or otherwise falling behind in their pursuit of their GEDs. 8. Should the Court so order, Petitioner is prepared to bear the expense of direct ground transportation provided by the United States Marshalls service both ways from the federal corrections facility at Montgomery, Alabama to Aberdeen (or Oxford), Mississippi and back if such transportation is permitted by the Court. 9. There is a precedent for such transfers in the then-prisoners Joey Langston and Steve Patterson were provided such transportation to Montgomery, Alabama, following their testimony in another case.

Case: 3:09-cr-00002-GHD-SAA Doc #: 167 Filed: 01/16/12 4 of 5 PageID #: 1567

10. Assistant United States Attorney Robert Norman has graciously indicated that the Government would not oppose the Court ordering a marshal transfer in this case. WHEREFORE, the undersigned requests that the Clerk of the Court be directed to issue a Writ of Habeas Corpus Ad Testificandum commanding the United States Marshal for the Northern District of Mississippi and the Federal Correctional Institution in Ashland, Kentucky to take Richard F. Scruggs into his custody and to produce Richard F. Scruggs in the United States Courthouse in Aberdeen, Mississippi on or before March 26, 2012, and continuing for such time as necessary. FURTHER, on behalf of Petitioner, the undersigned herewith requests that the Court issue its Order directing the United States Marshal to transport Petitioner directly from the federal corrections facility at Maxwell Air Force Base in Montgomery, Alabama, to the place of incarceration intended for Petitioner during his presence at the 28 U.S.C. 2255 hearing to be conducted by this Court beginning March 26, 2012, at Petitioners expense, if the Court so orders. Respectfully submitted, this 16th day of January, 2012. /s/Edward D. Robertson, Jr. Edward D. Robertson, Jr. Pro hac vice Bartimus, Frickleton, Robertson & Gorny, P.C. 715 Swifts Highway Jefferson City, Missouri 65109 573-659-4454 573-659-4460 (fax) chiprob@earthlink.net CERTIFICATE OF SERVICE

Case: 3:09-cr-00002-GHD-SAA Doc #: 167 Filed: 01/16/12 5 of 5 PageID #: 1568

I, Edward D. Robertson, Jr., hereby certify that on January 16, 2012, the undersigned served copies of this Petition for Writ of Habeas Corpus Ad Testificandum on the Office of the United States Attorney for the Northern District of Mississippi by way of the Electronic Court Filing (ECF) system. /s/Edward D. Robertson, Jr. Edward D. Robertson, Jr.