IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
CIVIL ACTION NO. 2:07-CV-22-MEF
RECOMMENDATION OF THE MAGISTRATE JUDGE
Patrick Lavender [“Lavender”], an inmate confined at the Maxwell Federal Prison
Camp, initiated this case as a petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. In this petition, Lavender challenges a conviction for conspiracy to distribute
cocaine entered against him by the United States District Court for the Middle District of
Florida. Specifically, Lavender complains that his May 6, 2003 arrest “deprived [him] of
liberty without the due and orderly process of law, and contrary to the protections and
guarantees of the Fourth, Fifth and Fourteenth Amendments of the United States
Constitution. Petitioner’s resulting trial was illegal, his guilty plea void, and his past and
current detention - illegal and unconstitutional.” Petition for Habeas Corpus Relief - Court
Doc. No. 1 at 5. Lavender therefore agues that all subsequent proceedings before the Untied
States District Court for the Middle District of Florida related to this arrest “were illegal,
as fundamentally unfair, where the initial seizure of Petitioner was a violation of the Fourth
Case 2:07-cv-00022-MEF-WC Document 2 Filed 01/11/2007 Page 1 of 7
Lavender v. Drew et al (INMATE1)
The facts are gleaned from the petition for habeas corpus relief filed by Lavender and the docket sheet
maintained in United States v. Lavender, 8:03-CR-184-JSM-EAJ-3 (M.D. Fla.).
Amendment, and Personal Jurisdiction was not otherwise properly had ...” Id. at 9.
Additionally, Lavender complains that: (i) law enforcement officials interrogated him in
violation of his rights as established under Miranda; (ii) “the search of his home ... [which]
revealed illegal cocaine [occurred] only after the illegal personal seizure ...”; and (iii)