NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MANSA MUSA MASSI, :

Civil Action No. 10-4060 (RMB)

Petitioner, :

v. : MEMORANDUM OPINION

DONNA ZICKEFOOSE, :

Respondents. :

IT APPEARING THAT:

1. On or about August 9, 2010, Mansa Musa Massi, an inmate

confined at Federal Correctional Institution at Fort Dix, New

Jersey at the time of filing, filed a Petition for Writ of Habeas

Corpus under 28 U.S.C. § 2241 claiming that respondents are

violating the Second Chance Act, see 18 U.S.C. § 3624(c), by

refusing to recommend one year eligibility for petitioner in a

residential reentry center (“RRC”). 

2. Petitioner is serving a 130-month term of imprisonment for

Bank Robbery, in violation of 18 U.S.C. § 2113 (A)(F). 

3. In the Petition, Petitioner references a sentence

computation form dated June 6, 2008, which listed his pre-release

preparation date to be October 17, 2011 and his projected release

date as April 17, 2012, designating six months in an RRC. He

also references an updated sentence computation form listing his

home detention eligibility date at October 6, 2011 and his

projected release date as April 6, 2012.

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4. Based on the above-referenced forms, Petitioner filed an

administrative remedy form requesting a Sentencing Monitoring

Computation Data form that would reflect year placement in an RRC

instead of six months. 

5. The Petition did not include any information regarding any

final determination by the Bureau of Prisons (“BOP”) with respect

to Petitioner’s prerelease custody placement in an RRC pursuant

to the Second Chance Act. 

6. Petitioner seeks entry of an order that would grant one year

placement in an RRC.

7. The BOP had not yet rendered its determination at the time

that the instant Petition was executed. In fact, the actual

decision by the BOP regarding Petitioner’s RRC placement was not

made until November 29, 2010, over three months after this

Petition was filed.

8. The BOP decides an inmate’s RRC placement date when there

are 17 to 19 months remaining on the sentence. See Stanko v.

Obama, 393 Fed. App’x 849, 851 (3d Cir. 2010). Petitioner filed

this Petition approximately 20 months before his projected

release date, and one to three months prior to the date on which

the BOP would normally determine Petitioner’s appropriate

prerelease placement date. 

9. To have standing to bring a claim, a plaintiff must

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demonstrate a concrete and particularized, actual or imminent,

injury in fact, Lujan v. Defenders of Wildlife, 504 U.S. 555, 560

(1992), and “cannot rest his claim on the rights or interests of

third parties” or merely assert a harm that is a generalized

grievance “shared in substantially equal measure by all or a

large class of citizens,” Warth v. Seldin, 422 U.S. 490, 499

(1975). 

10. Because no RRC placement decision had been made with

respect to Petitioner at the time that Petitioner filed this

matter, and because Petitioner filed the Petition one to three

months prior to the time such placement decision is properly

made, Petitioner lacked standing to bring the claim asserted in

the Petition. See Stanko, 393 Fed. App’x at 851 (holding that

federal inmate lacked standing to challenge application of the

Second Chance Act to him where, at the time he filed the

petition, no placement decision had been made and application of

the Act was speculative). 

11. This Court will dismiss the Petition for lack of standing. 

An appropriate Order accompanies this Opinion. 

s/Renée Marie Bumb 

Renée Marie Bumb

United States District Judge

Dated: November 30, 2011

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