Toolasprashad v. Grondolsky (570 F. Supp. 2d 610, 2008)

Citations

570 F. Supp. 2d 610

Full opinion text

OPINION

SIMANDLE, District Judge:

TABLE OF CONTENTS

613 I. Petitioner’s Previous Legal Actions................

II. Petitioner’s Pending Legal Actions...........................................622

A. Bivens-VII............................................................623

B. 2241 — III; the Instant Petition...........................................623

C. Supplement to the Instant Petition.......................................627

D. Joint Reading of the Petition and Supplement .............................627

E. Post-Supplement Submissions In This Action..............................628

III. Discussion.................................................................629

A. The Nature of Habeas Action and Pleading Requirements...................629

B. Claims Not Cognizable Under § 2241.....................................631

1. Expungement Claims...............................................632

a. Complete Expungement of the BOP Report........................632

b. Partial Expungement...........................................633

2. Curative/Future Parole'Hearing Claims...............................635

a. Parole Hearing Conducted by a Single Examiner...................637

b. Presence of Audience and Life Testimony..........................639

c. Examiner’s Bias................................................642

C. Habeas-like Claims....................................................646

1. Miekens-Thomas...................................................647

2. Gambino v. Morris..................................................648

3. Wasman, Pearce, Bono and Marshall Cases............................649

4. Solomon, Misasi, Dye, Billiteri and Pérsico Cases.......................650

IV. Conclusion................................................................654

Latchmie Toolasprashad (“Petitioner”) is presently confined at F.C.I. Fort Dix, New Jersey, serving a life term for contract murder. This matter is before this Court upon Petitioner’s filing of his petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241 (“Petition”). See Docket Entry No. 1. After filing his Petition, Petitioner then filed a document titled “amended petition” (“Supplement”), which, it appears, was intended by Petitioner to operate as a supplement to, rather than a substitute of, the original Petition. See Docket Entries No. 2, 4. Petitioner raises various civil rights claims and habeas-like allegations. As explained below, the present case will be referred to as “2241-III,” as it is but one of a long series of related, often duplicative, filings by Mr. Toolasprashad.

1. PETITIONER’S PREVIOUS LEGAL ACTIONS

Since the Petition and Supplement directly relate to many of Petitioner’s past and ongoing litigations, this Court finds it helpful to begin this Opinion with a summary of some of these actions. Petitioner’s earliest actions concentrated on Petitioner’s challenges to his convictions. See United States v. Toolasprashad (“2255-III”), 1994 WL 83779, 1994 U.S.App. LEXIS 4486 (4th Cir. Mar. 14, 1994); United States v. Toolasprashad (“2255-II”), 1993 WL 17082, 1993 U.SApp. LEXIS 1557 (4th Cir. Jan. 28, 1993); Toolasprashad v. United States, (“2255-1”), 902 F.2d 30, 1990 WL 52506 (4th Cir.1990).

His next set of actions arose from his allegations that, upon his conviction, he began serving his life sentence “at the federal correctional facility in Allenwood, Pennsylvania [where] he and a female staff member had a sexual relationship.” Toolasprashad v. Beeler, App. No. 99-5512, Docket Entry No. 19 (opinion), at 2 and n. 1, 2000 WL 1508538 (3d Cir.2000).

Apparently, as a disciplinary measure, [Petitioner] was transferred ... to the federal correctional facility in Marianna, Florida.... [W]hile at FCI-Marianna,

[Petitioner] was written up in an incident report and charged with [two minor offenses]. Following a disciplinary-hearing, [he] was found guilty ... and sanction [to minor a sanction, which] was suspended in its entirety pending 180 days of clear conduct. The sanction did not include loss of good time credit. [After being transferred to FCI Fort Dix, petitioner] filed [a] § 2241 [application (hereinafter “2241-1 ”) alleging that the] Incident Report ... was invalid because the staff [at FCI-Marianna] was racially biased [and] the Disciplinary Hearing Officer reneged on his promise to recommend that the Parole Commission not credit the Incident Report in calculating [his] parole eligibility date. [He] also alleged that [the aforesaid] actions ... were taken in retaliation for his having filed numerous grievances.

Id. at 2-3.

Judge Irenas, presiding over Petitioner’s 2241-1 action, dismissed the petition, finding that: (a) Petitioner’s due process rights were not violated during the administrative hearings, which fully comported to the requirements set forth in Wolff v. McDonnell, 418 U.S. 539, 563-71, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974); (b) Petitioner’s liberty rights were not implicated by the transfer from FCI-Allenwood to FCIMarianna; (c) no facts suggesting retaliatory motives were offered by Petitioner; and (d) the Parole Commission was allowed to rely on Petitioner’s incident reports to determine his parole eligibility. See Toolasprashad v. Beeler (“2241-1”), Civ. Action No. 98-4983(JEI) (D.N.J.), Docket Entry No. 15. The Court of Appeals for the Third Circuit affirmed Judge Irenas’ decision, with clarification that— while Petitioner’s § 2241 application indeed failed to allege a constitutional violation — “habeas relief [was] not available on [Petitioner’s] claim[s] ... because he did not lose good time credit.” Toolasprashad v. Beeler, 234 F.3d 1266, 2000 WL 1508538 (3d Cir.2000), App. No. 99-5512, Docket Entry No. 19, at 4. The Court of Appeals explained that “[a] suspended sentence to disciplinary confinement [is a decision of the type that does] not impact on a prisoner’s release date and thus [does] not involve a significant liberty interest,” amenable to § 2241 review. Id.

Then, in 1999, Petitioner filed a civil action in the United States District Court for the District of Columbia, pursuant to the Privacy Act, against the United States Bureau of Prisons (“BOP”), alleging that his transfer to another facility and reclassification as a special offender adversely affected him in several ways. Upon the district court’s decision granting the BOP’s motion to dismiss Petitioner’s complaint for insufficiency of pleadings, Petitioner appealed. The United States Court of Appeals for the District of Columbia Circuit reversed and remanded, finding that the district court erred in dismissing the eomplaint, but solely because Petitioner’s allegations (that the BOP failed to maintain accurate records regarding Petitioner’s history of harassing and demeaning staff members and, in addition, included a certain memorandum containing false information in Petitioner’s prison file, all in order to obtain basis for his transfer) met the liberal pleading requirements of Rule 8, thus preventing dismissal of the complaint as insufficiently pled. See Toolasprashad v. Bureau of Prisons, 286 F.3d 576 (D.C.Cir.2002) (an intermediary decision in Petitioner’s Bivens-II line of cases).

It appears that Petitioner was moved to a correctional facility in Pennsylvania during the time when the District of Columbia was considering the above-discussed remand, and the case was transferred to the United States District Court for the Middle District of Pennsylvania. Judge Muir, presiding over that matter, addressed the “false information” claim (i.e., the sole claim that remained unresolved by the District of Columbia) and resolved the matter in favor of the BOP. Petitioner appealed Judge Muir’s decision to the United States Court of Appeals for the Third Circuit, which affirmed Judge Muir’s conclusion. See Toolasprashad v. Fed. Bureau of Prisons (“Bivens-II”), 2007 WL 3122269, 2007 U.S.App. LEXIS 25263 (3d Cir. Oct. 26, 2007). Specifically, the Court of Appeals agreed with Judge Muir’s finding that Petitioner failed to show any material statement in the memorandum so inaccurate as to warrant monetary relief. See id. at *2 and n. 1, 2007 U.SApp. LEXIS 25263 at *4-6 and n. 1 (combing through Petitioner’s prison file supporting the statements in the BOP’s memorandum stating that Petitioner disrupted the orderly running of a federal prison through his blatant disrespect for authority and harassment of correctional staff members).

It also appears that, around the same time when he began his challenge with respect to the BOP’s memorandum in the District of Columbia, Petitioner filed another action in that court, that is, an application for a writ of mandamus alleging that the BOP violated his rights by offering him only a copy of the current Parole Commission Manual and failing to provide him with a copy of 1985-87 Parole Commission Manuals. See Toolasprashad v. Bureau of Prisons (“Mandamus-I ”), 2002 WL 31741515, 2002 U.S.App. LEXIS 25145 (D.C.Cir. Dec. 6, 2002). Upon the district court’s denial of the writ, Petitioner appealed to the District of Columbia Circuit, which affirmed the district court’s finding. See id.

On June 10, 2002, Petitioner filed another petition for a writ of habeas corpus in this District, pursuant to 28 U.S.C. § 2241. See Toolasprashad v. De Rosa (“2211-II”), Civ. Action No. 02-2841(JHR), Docket Entry No. 1. Presiding over Petitioner’s 221,1-11 matter, Judge Rodriguez summarized the facts underlying that litigation, as well as Petitioner’s challenges, as follows:

Petitioner was eligible for parole [consideration on] December 16, 1995 ... On June 7, 1995, Petitioner received [his] initial parole hearing wherein he denied committing the crime; rather, he alleged that both he and his co-conspirator had been dating the victim, and that he was targeted because of his race. The Parole Commission then rated the severity of Petitioner’s offense as Category Eight ... and found his guideline range to be 100 plus months. The Commission set Petitioner’s reconsideration hearing for June 2010. Petitioner appealed [this] fifteen-year mandate, and the commission’s decision was affirmed. [That decision] was again affirmed on administrative appeal following [the] interim hearing held on November 3, 1998. The [BOP] was then ordered to conduct a psychological evaluation of Petitioner before his next interim hearing. ... Petitioner was evaluated as having Narcissistic Personality Disorder, a disorder in which individuals are generally unpredictable and have difficulty maintaining employment and relationships. Petitioner’s next interim hearing was held on August 22, 2001. After reviewing Petitioner’s institutional achievements, the hearing examiner recommended that Petitioner’s reconsideration date be advanced two years from June 2010 to June 2008. Upon review, two reviewing examiners disagreed ... and ordered that the June 2010 hearing date remained unchanged.... Petitioner subsequently filed an administrative appeal.... The Board affirmed the decision [concluding that]:(l) the Commission’s decision did not exceed the guideline range ....; (2) the initial decision was based on the record which established that petitioner denied his guilt [and] was without remorse; (3) information from the [BOP’s] psychological report contradicted] Petitioner’s claim that he [was] a good parole risk ...; (4) despite Petitioner’s good behavior in the prison setting, his “indications of posturing and violent personality [were] sufficient to deny parole”; and (5) even if Petitioner did not pose a risk, parole [was properly] denied on the basis of just punishment for a heinous crime. Petitioner objected to the Board’s denial of parole in his [§ 2241] petition [in the 2241-H action. In addition to raising § 2255 challenges to his conviction,] Petitioner claim[ed] that the Commission’s decision did not sufficiently credit his institutional accomplishments, relied on outdated psychological evaluations and discriminated against him as a Hindu-Indian. Petitioner requested that [Judge Rodriguez] review transcripts of [Petitioner’s] parole hearings, ... review Petitioner’s case de novo, and release Petitioner on parole.

Toolasprashad v. De Rosa (“2241-II”), Civ. Action No. 02-2841, Docket Entry No. 21, at 2-4,16.

Assessing Petitioner’s 2241-11 application, Judge Rodriguez: (a) dismissed Petitioner’s § 2255 claims for lack of jurisdiction; (b) partially granted Petitioner’s requests to release his presentence reports to him; and (c) denied Petitioner’s requests as to Parole Commission manuals on the grounds that “the Commission [did] not have the desired volumes on file and [these volumes] are likewise inapplicable to Petitioner’s parole hearing.” Id. at 6-11, 14. Then, turning to Petitioner’s challenges to the Commission’s decision to deny him both immediate parole and acceleration of his parole review date, Judge Rodriguez explained to Petitioner that “[t]he role of the court, in reviewing a within-guidelines parole decision, is ... essentially limited to insuring that the guidelines were in fact followed, once the Commission has exercised its informed discretion.” Id. at 15 (quoting Marshall v. Lansing, 839 F.2d 933, 950 (3d Cir. 1988)). Since Petitioner’s offense was both properly categorized by the Commission, and the guidelines set no upper limit for offenses like the one committed by Petitioner, Judge Rodriguez found no error as to the framework within which the Commission exercised its discretion. See id. at 15-16. Similarly, Judge Rodriguez found no violations with respect to the Commission’s discretionary considerations and held that: (a) Petitioner was not entitled to parole on the basis of his institutional accomplishments, since the accomplishments, while duly considered by the Commission, provide a merely permissible rather than mandatory basis for parole; and (b) Petitioner’s contention that the Commission ignored the conclusions of Dr. Schwartz (a psychiatrist who prepared a report stating that Petitioner had “no mental illness, no personality disorder and no physical disorder”) because Petitioner was not paroled were without merit, since the record established the Commission’s legitimate exercise of discretion in light of both Dr. Schwartz’ report and the BOP’s psychological report evaluating Petitioner with narcissistic personality disorder. See id. at 12-13, 16-17.

Consequently, Judge Rodriguez dismissed Petitioner’s § 2241 petition and later denied his motion for reconsideration. See id., Docket Entry No. 23. Petitioner appealed these decisions to the Court of Appeals for the Third Circuit, which affirmed Judge Rodriguez’ findings. See Toolasprashad v. Derosa, 122 FedAppx. 598 (3d Cir.2005). Subsequently, when Petitioner sought certiorari from the Supreme Court of the United States, the Supreme Court denied Petitioner’s application. See Toolasprashad v. DeRosa, 545 U.S. 1122, 125 S.Ct. 2924, 162 L.Ed.2d 308 (2005).

Five months after filing his aforesaid 2241-11 petition examined by Judge Rodriguez, Petitioner filed with this Court another Bivens action asserting that he was denied access to the prison commissary bathroom and water fountain during his work shifts, that no chairs were made available for him while he was working, and that prison employees obstructed his administrative remedies, retaliated against him, and conspired to violate his constitutional rights. See Toolasprashad v. Wright (“Bivens-IV”), Civ. Action No. 02-5473, 2005 WL 3536205, 2005 U.S. Dist. LEXIS 36408 (D.N.J. Dec. 22, 2005). Petitioner’s claims were dismissed by the undersigned upon consideration of the defendants’ motion for summary judgment, and that decision was affirmed by the Third Circuit. See Toolasprashad v. Wright, 232 Fed-Appx. 208 (3d Cir.2007).

On April 23, 2004, while his Bivens-IV action was still pending with this Court, Petitioner filed another Bivens action with the District of Columbia. See Toolasprashad v. Bureau of Prisons (“BivensV”), Civ. Action No. 04-652 (D.D.C.). On July 2, 2004, that Bivens-V matter was transferred to this District and assigned to the undersigned. See Toolasprashad v. Bureau of Prisons, Civil Action No. 04-3219(JBS) (D.N.J.).

The factual statements made in Petitioner’s Bivens-V complaint were, effectively, an extensive elaboration on the facts and contentions previously presented to Judge Rodriguez in 2241-II, supra. This Court summarized Petitioner’s elaborations as follows:

On November 2, 1998, [Petitioner] appeared for a parole hearing [and was denied parole. After the hearing,] the ... Commission ... requested that the [BOP] provide[d] a current psychological report [evaluating Petitioner.] Psychology intern Defendant Dr. Jaime Berry prepared the BOP psychological report [for Petitioner], under the supervision of psychologist Defendant Dr. Kindra Pugh. [Petitioner now] contends that the assessment was conducted improperly and that the resulting BOP psychological report [did] not accurately report [Petitioner’s] behavior or psychological condition.... In addition, [Petitioner] contends that the diagnosis of ... Narcissistic Personality Disorder ... and other conclusions and recommendations contained in the report [were] incorrect. ... After receiving the BOP psychological report, [Petitioner’s] counsel arranged for a second report by ... Dr. Daniel Schwartz____Dr. Schwartz submitted his report, appeared at [Petitioner’s parole] hearing, ... testified in favor of granting [Petitioner] parole [and] disputed Dr. Berry’s diagnosis of Narcissistic Personality Disorder. [Petitioner, however,] was again denied parole and that denial was upheld on appeal to the ... Board.... [Petitioner] contends that, [while] the BOP psychological report ... could be construed as generally favorable, it is internally inconsistent and the Commission seized on certain of those inconsistencies to deny him parole. [Petitioner also] contends that the Commission did not consider Dr. Schwartz’s report. Following this second denial of parole, [Petitioner] filed an Administrative Remedy with the BOP requesting that the BOP psychological report be amended to correct its various flaws. His requests were denied----[Petitioner now] requests injunctive relief, in the form of (1) [expungement] of the [BOP’s] psychological report prepared by Dr. Berry and Dr. Pugh [and] (2) a new parole hearing giving “equal weight” to the testimony and report of Dr. Schwartz.

Toolasprashad v. Bureau of Prisons (“Bivens-V”), 2006 WL 2627931, 2006 U.S. Dist. LEXIS 65175 (D.N.J. Sept. 13, 2006) (summarizing the findings made in an earlier opinion issued in that action, Civil Action No. 04-3219, Docket Entry No. 10 (“April Opinion”)).

Addressing Petitioner’s allegations, the undersigned noted that it was indeed “appropriate for [Petitioner] to bring these claims in a civil action for declaratory and injunctive relief, as opposed to a habeas action,” April Opinion at 6, n. 5 (citing Wilkinson v. Dotson, 544 U.S. 74, 125 S.Ct. 1242, 161 L.Ed.2d 253 (2005)), and “construe[d] the Complaint as asserting claims that [Petitioner] was denied due process in the preparation of the BOP psychological report and in his parole hearing and claims under the Privacy Act ... for correction of records of the BOP and the Commission.” Id. at 6.

The Court, however, dismissed both the due process and Privacy Act claims. With respect to Petitioner’s due process claim, this Court explained in Bivens-V:

There is no constitutional right to parole or to an error-free parole decision-making process. [See] Greenholtz v. Inmates of Nebraska Penal and Correctional Complex, 442 U.S. 1, 7, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979).... In Greenholtz, “[the Supreme Court held that a parole statute might be so drafted as to] entitle [a prisoner] to some measure of constitutional protection,” [but] the Court nevertheless rejected the suggestion that parole hearings should be full-scale adversary hearings. [Id.] at 12, 14, 99 S.Ct. 2100. Instead, the Court found sufficient the ... procedures that afford the prisoner an opportunity to be heard and, when parole is denied, that notify the prisoner in what respects he fell short of qualifying for parole. [Id.] at 16, 99 S.Ct. 2100. In addition, ... the Court of Appeals for the Eighth Circuit held that, in the absence of exceptional circumstances, a prisoner at a parole hearing has no constitutional right to call witnesses in his behalf or to confront and cross-examine adverse witnesses. [See Inmates of Nebraska Penal & Correctional Complex v. Greenholtz,] 576 F.2d 1274, 1284 (8th Cir. 1978), rev’d in part on other grounds, 442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668____Assuming that the Federal Parole Act creates the same “expectation” of parole [as discussed] in Greenholtz, [Petitioner] has failed to state a claim that he was denied due process in the creation of the BOP psychological report or in the procedures employed by the Parole Commission. According to the allegations of the Complaint, [Petitioner] participated in the testing used to create the BOP psychological report, he was given a copy of the BOP psychological report in advance of the parole hearing, he was permitted to present both the live testimony and the report of his own psychological expert, he was permitted to appear and be heard at the parole hearing, he was given a statement of the reasons why he was denied parole, and he was permitted to appeal that decision. Thus, the Commission’s procedures met the Greenholtz due process requirements.... Cf. Fumari v. U.S. Parole Commission, 125 FedAppx. 435, 437 (3d Cir.2005) (Commission has broad discretion in materials it can consider in making parole decision, and reliance on materials describing conduct other than the offense of conviction to set offense severity level does not implicate due process rights). In addition, to the extent the Complaint could be construed as asserting a claim that [Petitioner] has a due process right to have false information expunged from his parole file, cf. Paine v. Baker, 595 F.2d 197 (4th Cir.), cert. denied, 444 U.S. 925, 100 S.Ct. 263, 62 L.Ed.2d 181 (1979), the Court of Appeals for the Third Circuit has never recognized such a cause of action, see Williams v. Federal Bureau of Prisons, 85 Fed.Appx. 299, 304 (3d Cir.2004), and it is not clear that the Paine case remains good law even in the Fourth Circuit, see Johnson v. Rodriguez, 110 F.3d 299, 309 n. 13 (5th Cir.), cert, denied, 522 U.S. 995, 118 S.Ct. 559, 139 L.Ed.2d 400 (1997). In any event, [Petitioner] fails to state a claim even under the rule announced in Paine. Under Paine, a prisoner must allege three elements in order to state a due process claim for expungement: (1) that particular information exists in his file, (2) that the information in his file is false, and (3) that the information is relied on to a constitutionally significant degree. [See ] 595 F.2d at 201. With respect to the second element, the Paine court stated,

[I]t is not sufficient that the inmate disputes evaluations and opinions regarding him. [See ] Williams v. Ward, 556 F.2d 1143 (2d Cir.), cert. dismissed, 434 U.S. 944, 98 S.Ct. 469, 54 L.Ed.2d 323 (1977) (inmate disagreed with psychiatric evaluations contained in file).... The federal courts will not oversee the discretionary decisions of prison administrators and second-guess their evaluations. [See id.] at 201.

As [Petitioner] presents the type of claim explicitly excluded by the Paine court, a challenge to a psychological evaluation, he does not state a due process claim for expungement of records contained in his BOP or parole file.

April Opinion at 7-11 (footnotes and original brackets omitted).

Turning to Petitioner’s Privacy Act claim, this Court, in Bivens-V, analogously explained to Petitioner that while, under 5 U.S.C. § 552a(g)(2)(A), “the court may order the agency to amend the individual’s record in accordance with his request or in such other way as the court may direct, ... [t]he BOP has exempted the Inmate Central Record System and the Inmate Physical and Mental Health Record System from ... § 552a, [see ] 28 C.F.R. § 16.97(a), (j), (n), [and] the Commission has exempted its records from the Privacy Act’s amendment requirements ... and its provision permitting injunctive relief against the agency § 552a(g).” April Opinion at 12 (citing also 28 C.F.R. § 16.85 and Deters v. U.S. Parole Commission, 85 F.3d 655, 658 n. 2 (D.C.Cir.1996)). Consequently, this Court dismissed Petitioner’s Bivens-V action and, on September 13, 2006, denied his request to reopen that matter.

On June 29, 2006, while Petitioner’s motion to reopen the Bivens-V matter was pending with this Court, Petitioner filed another Bivens complaint with the District of Columbia. See Toolasprashad v. Bureau of Prisons (“Bivens-VI ”), Civil Action No. 06-1187(ESH) (D.D.C.). Addressing Petitioner’s Bivens-VI claims, Judge Huvelle stated as follows:

[Petitioner] filed an amended complaint ... against the [BOP], the ... Commission and five individuals (Kathleen Pinner, [Dr.] Kerr, Marcia Baruch, Jamie Berry and Kindra Pugh). [Petitioner] challenges the use of an alleged inaccurate psychological report during parole proceedings, as well as the circumstances surrounding the preparation of the report. Under the doctrine of res judicata, “the parties to a suit and their privies are bound by a final judgment and may not relitigate any ground for relief which they already have had an opportunity to litigate — even if they chose not to exploit that opportunity— whether the initial judgment was erroneous or not.” Hardison v. Alexander, 655 F.2d 1281 (D.C.Cir.1981). The doctrine of res judicata requires an identity of parties or their privies in the earlier and later suits. A final judgment in one action “bars any further claim based on the same ‘nucleus of facts,’ for ‘it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies.’ ” Page v. United States, 729 F.2d 818, 820 (D.C.Cir.l984)(quoting Expert Elec., Inc. v. Levine, 554 F.2d 1227, 1234 (2d Cir. 1977)); accord Velikonja v. Ashcroft, 355 F.Supp.2d 197, 200-01 (D.D.C.2005). [Petitioner’s] amended complaint involves the same parties and nucleus of facts that formed the basis of his previous complaint [in Bivens-III ]. On April 4, 2005, the District of New Jersey issued an opinion addressing [Petitioner’s] constitutional and Privacy Act claims and dismissing the [Bivens-III ] case with prejudice [and then denied Petitioner’s] motion to reopen [the Bivens-III] action. Although Petitioner now] asserts that [his] Privacy Act claim is not barred because the use of the alleged inaccurate record to deny his release to parole is “an ongoing matter,” [since the] Commission’s most recent denial in June 2006 was against the recommendation of “a retired BOP Chief Forensic Psychologist ... with more than 30 years’ experience [which] contradicted the intern’s report,” ... [t]he Privacy Act is not “a vehicle for amending the judgments of federal officials or ... other [s] ... as those judgments are reflected in records maintained by federal agencies.” Kleiman v. Dep’t of Energy, 294 U.SApp. D.C. 49, 956 F.2d 335, 337-38 (D.C.Cir.l992)(quoting Rogers v. U.S. Dep’t of Labor, 607 F.Supp. 697, 699 (N.D.Cal.1985)). Thus, a “complaint not about the accuracy of records, but about the underlying decision they reflect” is not cognizable under the Privacy Act. Levant v. Roche, 384 F.Supp.2d 262, 270 (D.D.C.2005). [Consequently] the doctrine of res judicata bars [Petitioner] from relitigating [his due process and Privacy Act] claims....

Toolasprashad v. Bureau of Prisons (“Bivens-VI ”), 2007 WL 842930, at *1-2, 2007 U.S. Dist. LEXIS 18949, at *1-6 (D.D.C. Mar. 19, 2007).

Judge Huvelle, therefore, dismissed Petitioner’s Bivens-VI action, see id. at *2, 2007 U.S. Dist. LEXIS 18949, at *6, noting, inter alia, that the fact of Petitioner’s naming of Parole Examiner Kathleen Pinner as a defendant in the Bivens-VI action did not affect the court’s res judicata analysis, even though Pinner was not named as a defendant in Bivens-V, since Petitioner was “suing her for her actions taken as an employee of the ... Commission.” See id. at *1, n. 1, at *3, n. 1 (citing LoBue v. Christopher, 82 F.3d 1081, 1085 (D.C.Cir.l996)(relying, in turn, on Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 402-03, 60 S.Ct. 907, 84 L.Ed. 1263 (1940))).

Petitioner appealed Judge Huvelle’s decision to the Court of Appeals for the District of Columbia Circuit, which affirmed the district court’s findings in Toolasprashad v. Bureau of Prisons, 2007 U.S.App. LEXIS 23275 (D.C.Cir., Oct. 1, 2007) (finding that “the motion for summary affirmance [should] be granted [because] the parties’ positions are so clear as to warrant summary action”).

II. PETITIONER’S PENDING LEGAL ACTIONS

Petitioner has two actions currently pending in this District. The instant § 2241 Petition (“2211-111”) was filed three weeks after the District of Columbia Circuit affirmed the district court’s decision by issuing its ruling in Toolasprashad v. Bureau of Prisons, 2007 U.S.App. LEXIS 23275 (D.C.Cir., Oct. 1, 2007). On the same day, Petitioner also filed a new civil action complaint (“Bivens-VII ”), which was assigned to Judge Kugler. See Toolasprashad v. Williams, 07-5860(RBK) (D.N.J.), Docket Entry No. 1. Following the mode of his previous applications, Petitioner filed extremely voluminous submissions in both Bivens-VII and 2241-III.

A. Bivens-VII

In his Bivens-VII action, Petitioner sued ten named prison officials, plus an unspecified number of “John and Jane Does,” who are unnamed prison officials, all of whom are employed at Petitioner’s current place of confinement, FCI Fort Dix. See Toolasprashad, v. Williams, Civ. No. 07-5860(RBK). Initially asserting that his original “[cjomplaint shall paint a clear picture” about the “Gestapo-style tactics” of these defendants, see id., Docket Entry No. 1, at 1, Petitioner then proceeded with a series of confusing narratives. The first narrative, of seven pages, was dedicated to the circumstances of Petitioner’s allegedly retaliatory transfer, in spring of 2007, from a certain unit within the FCI Fort Dix to another unit, which Petitioner calls “East Gulag.” See id. at 2-9. The next three-page narrative discussed alleged withholdings of legal mail during March of 2007. See id. at 9-12. The third, fourth and fifth narratives encompassed fifteen pages and described various alleged undue interferences with Petitioner’s parole hearing in 2003, 2006 and 2007, see id. at 12-26, reflecting on the issues asserted in Petitioner’s previous claims including, inter alia, those addressed by Judge Rodriguez and this Court in Petitioner’s 22I1-II and BivensV actions. The sixth narrative was seven pages long; it discussed the events of 2001 to 2004, and asserted that Petitioner’s numerous parole hearings were sabotaged, implicating the same claims raised in Petitioner’s 22I1-II and Bivens-V actions. See id. at 27-33. The seventh (and last) narrative was also of seven pages, and it discussed alleged obstruction of Petitioner’s grievance processes. See id. at 33-40. Petitioner concluded his seven narratives with an explanation that prison officials are “slimy-lying” and “blood-sucking,” that “the BOP has maintained its statute as the dumping ground for unemployable and an incubator for breeding corruption and nepotism [with] an on-going culture of systemic lies.” See id. at 41.

On July 16, 2008, Petitioner submitted an amended complaint in his Bivens-VII action; where he “added four defendants and two [more] issues.” See id., Docket Entry No. 8, at 1. Re-stating his claims in his amended complaint, Petitioner further elaborated on his previous claims including, inter alia, those addressed by Judge Rodriguez and this Court in Petitioner’s 22J+1-H and Bivens-V actions. See generally, id., Docket Entry No. 8.

In his Bivens-VII action, Petitioner seeks, inter alia, “[t]hat the defendants cease and desist all interferences with [his] parole process.” Docket Entry No. 1, at 41; Docket Entry No. 8, at 24.

B. 2241-III: the Instant Petition

Petitioner’s instant submission, pending before the undersigned, consists of a 48-page petition and 110 pages of exhibits. Same as his Bivens-VII complaint, Petitioner’s application presents a series of narratives.

The first narrative is titled “Respondents failed to timely prepare a psychological report for the Parole Commission with a May 1, 1999 due date which effectively prejudiced Petitioner from gaining parole.” See Docket Entry No. 1, at 2. The narrative covers the events that took place between November 2,1998, and February 22, 1999, and were presented to Judge Rodriguez in 2211-11 and to the undersigned in Bivens-V, ie., the alleged delay in preparation of the BOP evaluation, ie., the BOP report, which Petitioner now asserts to be the basis for his unconstitutional denial of parole. See id., at 12-16.

The next narrative bears the heading, “As Petitioner utilized the BOP administrative remedy to decry FCI Ft. Dix psychology department deceptive tactics, he was retaliatory [ (sic) ] transferred to FCI Petersburg, Virginia.” See id. at 16. This narrative continues to elaborate on the alleged delay in preparation of the BOP evaluation and, in addition, addresses the issues related to Petitioner’s transfer from one BOP facility to another, see id. at 16-18, ie., the matter resolved in the Mandamus-II action, and affirmed by the United States Court of Appeals for the District of Columbia, as discussed supra.

The third narrative is titled “The [BOP] report ... is false, inaccurate, misleading and without supporting facts.” See id. at 18. The narrative discusses the issue, which was at the core of this Court’s Bivens-V and District of Columbia BivensVII matters, namely, Petitioner’s disagreement with the medical opinions contained in the BOP report, which Petitioner reads as lending support to the Parole Board’s decision to deny him parole. Petitioner’s challenges to the BOP report are selective: he alleges that the BOP report is fully correct as to those conclusions which could be interpreted as supporting his release on parole (e.g., Petitioner expressly stresses the correctness of the BOP report with respect to the finding that “the possibility of [Petitioner] being the perpetrator of any behavior likely to harm another is minimal”) but maintains that the BOP report is wholly incorrect as to the conclusions supporting the Board’s decision to deny him release on parole. See id. at 18-27.

Petitioner’s fourth narrative, titled “The [BOP] report was effectively contradicted one year later by a leading professor of forensic psychiatry recognized by the government of more than 30 years,” begins with a discussion of how Petitioner’s then-counsel retained Dr. Schwartz in 2000 for the purposes of evaluating Petitioner and proceeds with accusations as to alleged obstacles posed by Petitioner’s prison officials to that evaluation and to Petitioner’s preparation for the following parole proceedings. The former aspect of that discussion, ie., the retention and credentials of Dr. Schwartz, was presented to this Court in the Bivens-V matter and to the District of Columbia in Bivens-VI matter, while the latter aspect of alleged obstructions is currently before Judge Kugler, as part of the pending Bivens-VII matter. See id. at 27-30.

The narrative concludes with Petitioner’s assertion that “the Parole Board ... used the false, inaccurate and misleading [BOP] report to deny [Petitioner] parole and completely ignored [Dr. Schwartz] who personally examined more than 1,000 murderers.” Id. at 30. These allegations are substantively indistinguishable from those presented in Petitioner’s 22I1-II, Bivens-V and Bivens-VI actions, and were conclusively rejected by Judge Rodriguez, the undersigned and Judge Huvelle. Petitioner now seeks to have this same issue adjudicated a fourth time, without disclosing or discussing the previous three court rulings.

The fifth narrative bears a heading that reads “The one-person parole board used the [BOP] false, inaccurate and misleading report to deny [Petitioner] parole without cause” and states Petitioner’s belief that the fact of the Parole Commission’s reference to the BOP report without express discussion of Dr. Schwartz’ conclusions must be indicative of the Parole Board’s ignorance of Dr. Schwartz’ report and testimony. See id. at 30-32. These allegations, the same as the ones in Petitioner’s fourth narrative, were presented to and addressed in Petitioner’s 2211-11, BivensV and Bivens-VI actions. Again, Petitioner seeks a fourth bite of this well-chewed apple.

Starting from his sixth narrative on, the Petition becomes progressively patchy, although it essentially keeps readdressing the matters addressed in 22I1-II, BivensV and Bivens-VI actions. Specifically, the sixth narrative (titled “Chief psychiatrist Marcia Baruch’s comments regarding the [BOP] report effectively supports Petitioner’s release, although inaccurate”) simultaneously alleges that: (a) Ms. Baruch’s handwritten note indicated her opinion that the BOP report was “positive and in [Petitioner’s] favor”; (b) nonetheless, it “is clear [to Petitioner that] the [BOP] report was ... used to deny [him] parole”; (c) such denial was improperly rendered by Ms. Pinner, a Parole Board examiner, because Ms. Pinner “noted she wasn’t a psychiatrist” and, thus, should not have been in the position to disagree with Dr. Schwartz’ conclusions favorable to Petitioner’s parole prospects. Id. at 32-33.

The seventh narrative further elaborates on the same. Titled “[The Parole Board] consistently and systematically used the false, inaccurate and misleading [BOP] report ... adopted by Examiner Kathleen Pinner as gospel to deny [Petitioner] parole in 2004 and 2006, although contradicted by two leading forensic experts,” this seven-page narrative asserts that Ms. Pinner improperly denied Petitioner parole by relying on the BOP report and unduly ignored Petitioner’s institutional record and opinions of Dr. Schwartz and another psychiatrist, Dr. Hilkey (who was hired by Petitioner’s parents to evaluate Petitioner and recommended Petitioner’s parole). See id. at 33-40. In addition, Petitioner asserts that his parents and a certain prison official (referred to as “Counselor Martinez”) were denied an opportunity to be present during Petitioner’s parole hearing (and, thus, to state during the hearings their arguments in support of his parole). See id. at 34-36. Finally, Petitioner elaborates on: (a) alleged obstacles posed by prison officials as to Dr. Hilkey’s evaluation of Petitioner and Petitioner’s efforts to invite his parents and Guyanese embassy officials to his parole hearings; (b) alleged confidential information he received prior to the hearing that Ms. Pinner was predisposed to denying him parole and ignoring reports of Drs. Schwartz and Hilkey; and (c) alleged undue actions by unspecified prison officials preventing other unspecified prison officials from acting on the latter’s desire to support Petitioner’s parole application. See id. at 34-40. Short of the allegations against Ms. Pinner (which substantively mimic those addressed in Petitioner’s 22I1-II, Bivens-V and Bivens-VI), Petitioner’s claims in the seventh narrative are identical to those set forth in his current Bivens-VII action.

The eighth narrative, titled “Petitioner has challenged the [BOP] report through the BOP administrative remedy,” addresses the events of 2003 and suggests that the BOP report was prepared in retaliation for Petitioner’s use of prison law library, that is, in violation of Petitioner’s First Amendment rights. See id. at 40. The next narrative, ninth in the list, is limited to one paragraph and presents Petitioner’s conclusion that the opinions of Drs. Schwartz and Hilkey, plus Petitioner’s institutional accomplishments, should have insured Petitioner’s release on parole. See id. at 41.

The tenth narrative is titled “[the] Parole Board has used ex post facto to deny [Petitioner] parole.” See id. at 41. It asserts, “When [Petitioner came to prison, he remembers that two/three members would appear at the parole board; however, during his [last] five hearings, a one-person board” was utilized. Id. Although Petitioner does not expressly make such an allegation, Petitioner’s statements might be interpreted as suggesting that these last five parole hearings violated his right to multi-person parole board which, he believes, was mandated by the 1985 Parole Board Manual. See id. at 41-43. The remainder of the narrative is dedicated to discussion of Petitioner’s unsuccessful efforts to obtain a copy of that manual. See id. Short of the ex post facto aspect, the allegations set forth in the tenth narrative are identical to those addressed in Petitioner’s Mandamus-1, 2211-11 and Bivens-V actions. He now raises his ex post facto claim a fourth time.

The last three parts of the Petition are: (1) “Case citation supporting Petitioner’s immediate release,” a three-page discussion alleging that, under the holding of Mickens-Thomas v. Vaughn, 355 F.3d 294 (3d Cir.2004), the Parole Board was obligated to release Petitioner on parole; (2) “Unit Team [meeting] on October 3, 2007,” a discussion of statements made by Petitioner’s Case Manager, who opined during the meeting that Petitioner’s upcoming parole hearing would result in denial of parole because Ms. Pinner is scheduled to represent the Parole Board on that upcoming hearing; and (3) “Conclusion” reciting Petitioner’s opinion that Ms. Pinner was not a proper “Parole Board” and unduly denied him parole. Id. at 43-47.

The Petition concludes with the following requests for relief:

1. Expungement of the BOP report from Petitioner’s prison file;

2. Mandatory testimony by Drs. Schwartz and Hilkey, as well as by Petitioner’s parents and Mr. Martinez, at Petitioner’s next parole hearing;

3. Presence of two or three Parole Board members (rather than one) during Petitioner’s next parole hearing;

4. Exclusion of Ms. Pinner from the Parole Board presiding over Petitioner’s next parole hearing;

5. Production of a copy of 1985 Parole Board Manual to Petitioner;

6. Elimination of all references to Petitioner’s frictions with correctional officers (as well as references to all ensuing grievances) from the BOP report, since these references violated Petitioner’s First Amendment rights;

7. The holding of an evidentiary hearing, seemingly in lieu of Petitioner’s next parole hearing, to determine whether Petitioner should be released on parole; and

8. This Court’s detection of such statutes and/or case law that would provide a basis allowing the Petition to proceed past the sua sponte dismissal stage. See id. at 47-48.

C. Supplement to the Instant Petition

The Supplement to the Petition is an eight-page document consisting of two sub-parts. The first one asserts that the Parole Board abused its discretion in denying Petitioner’s parole during an unspecified parole hearing. The argument: (a) is based on a number of cases outside this Circuit, and (b) asserts that, in Petitioner’s case, the BOP report must be deemed unreliable evidence in light of Drs. Schwartz and Hilkey’s opinions that Petitioner should be released on parole. See Docket Entry No. 3, at 1-6. The second subpart asserts that, in light of Drs. Schwartz and Hilkey’s opinions that Petitioner should be released on parole, the BOP report should be deemed not “objective” and, therefore, the Parole Board’s reliance on the BOP report should be deemed a “vindictive” violation of Petitioner’s due process rights. See id. at 6-7. The Supplement concludes with Petitioner’s request to reverse an unspecified Parole Board’s decision to deny Petitioner parole. See id. at 7.

D. Joint Reading of the Petition and Supplement

A joint reading of 164 pages of the Petition, exhibits accompanying the Petition and the Supplement indicates the presence of three groups of claims resembling in their nature either: (1) a procedural motion; or (2) a civil rights complaint under Bivens; or (3) a habeas corpus petition under § 2241. As the following discussion explains, this Court lacks jurisdiction under § 2241 over the claims in the nature of a procedural motion or those that could be raised only in a civil rights complaint. Consequently, Petitioner’s allegations will be dismissed for that reason and, in addition, because many, if not all, of these claims are duplicative of those previously rejected by this and other courts. However, to the extent that any Bivens claim is not barred by res judicata, the dismissal of that claim is without prejudice to the presentation of that claim in a separate new Bivens complaint.

The allegations cognizable under § 2241 are of two types: (1) those, which are expressly stated but fail to allege a violation of federal law; and (2) those that might be implied but not expressly stated. This Court will dismiss the latter group of allegations, but Petitioner will be allowed to amend his Petition if he desires to attempt to articulate his potentially implied claims under Section 2241, provided that Petitioner executes such amendment in accordance with the below-detailed habeas requirements.

E. Post-Supplement Submissions In This Action

Following his filing of the Supplement, Petitioner made three more filings in this matter addressed to this Court. The first of these three filings was received by the Clerk on April 23, 2008; it was Petitioner’s motion for appointment of pro bono counsel. See Docket Entry No. 7. The second filing, received by the Clerk on June 3, 2008, was titled “Petitioner’s Request for an Order to Show Cause” (“OTSC-I”). See Docket Entry No. 8. The OTSC-I requested appointment of Mr. David E. Schafer, an Assistant Federal Public Defender (“Schafer”), as Petitioner’s counsel in this matter. See id. Petitioner clarified that he selected Schafer as the counsel of his choice because “Schafer has a substantial amount of experience dealing with the Parole Commission.” Finally the Clerk received a letter from Petitioner addressed to this Court (“OTSC-II”). See Docket Entry No. 9. The OTSC-II consisted of two pages, one typed, one handwritten. See id. The typed portion of the OTSC-II re-requesting Schafer’s appointment and, in addition, asserted that the case law cited by Petitioner “completely supported [Petitioner’s] release and legion [sic] on [Petitioner’s] behalf.” Id. at 1. The typed portion also notified the Court of Petitioner’s disappointment with the fact that the original Petition, filed at the end of October of 2007, “has not been served.” Id. Continuing in the same vein, the handwritten portion of the OTSC-II demanded prompt service of the Petition upon Respondent on the grounds that Petitioner’s parole hearing (originally expected to take place on June 2008) was re-scheduled for May 5, 2008. See id. at 2. The demand was accompanied by Petitioner’s observation that the May 2008 parole hearing would necessarily violate his federal rights. See id. at 2. Bewilderingly, the OTSC-II predicting violations of Petitioner’s rights during the May 5, 2008, hearing, was mailed on June 23, 2008 (that is, a month and a half after the hearing), and the typed portion bore the date of June 23, 2008, while the handwritten one was dated as of March 26, 2008. See id. at 1-3.

III. DISCUSSION

A. The Nature of Habeas Action and Pleading Requirements

28 U.S.C. § 2241 provides, in pertinent parts:

Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions .... The writ of habeas corpus shall not extend to a prisoner unless ... he is in custody in violation of the Constitution or the laws or treaties of the United States.

28 U.S.C. § 2241(a) and (c)(3).

Although pro se applications are construed liberally and with a measure of tolerance, see Royce v. Hahn, 151 F.3d 116, 118 (3d Cir.1998); Lewis v. Attorney General, 878 F.2d 714, 721-22 (3d Cir. 1989), “[hjabeas corpus petitions must meet heightened pleading requirements.” McFarland v. Scott, 512 U.S. 849, 856, 114 S.Ct. 2568, 129 L.Ed.2d 666 (1994). “Federal courts are authorized to dismiss summarily any habeas petition that appears legally insufficient on its face.” McFarland, 512 U.S. at 856, 114 S.Ct. 2568; Siers v. Ryan, 773 F.2d 37, 45 (3d Cir. 1985), cert, denied, 490 U.S. 1025,109 S.Ct. 1758, 104 L.Ed.2d 194 (1989); see also Mayle v. Felix, 545 U.S. 644, 125 S.Ct. 2562,162 L.Ed.2d 582 (2005).

Federal law provides two avenues of relief to prisoners: a petition for habeas corpus and a civil rights complaint. See Muhammad v. Close, 540 U.S. 749, 750, 124 S.Ct. 1303, 158 L.Ed.2d 32 (2004). “Challenges to the validity of any confinement or to particulars affecting its duration are the province of habeas corpus ... [while] requests for relief turning on circumstances of confinement [fall within the realm of] a § 1983 action.” Id. (emphasis supplied). As § 1983 applies only to state actions, it is not available to federal prisoners; the federal counterpart is an action under Bivens alleging deprivation of a constitutional right. See Brown v. Philip Morris, Inc., 250 F.3d 789, 801 (3d Cir.2001) (“A Bivens action ... is the federal equivalent of the § 1983 cause of action against state actors, [it] will lie where the defendant has violated the plaintiffs rights under color of federal law”).

The Court of Appeals for the Third Circuit explained the distinction between the availability of civil rights relief and the availability of habeas relief as follows:

[W]henever the challenge ultimately attacks the “core of habeas ” — the validity of the continued conviction or the fact or length of the sentence — a challenge, however denominated and regardless of the relief sought, must be brought by way of a habeas corpus petition. Conversely, when the challenge is to a condition of confinement such that a finding in plaintiffs favor would not alter his sentence or undo his conviction, an action under § 1983 is appropriate.

Leamer v. Fauver, 288 F.3d 532, 542 (3d Cir.2002).

Therefore, a prisoner is entitled to a writ of habeas corpus only if he “seek[s] to invalidate the duration of [his] confinement — either directly through an injunction compelling speedier release or indirectly through a judicial determination that necessarily implies the unlawfulness of the [government’s] custody.” See Wilkinson v. Dotson, 544 U.S. 74, 81, 125 S.Ct. 1242, 161 L.Ed.2d 253 (2005). In contrast, if a judgment in the prisoner’s favor would not affect the fact or duration of the prisoner’s incarceration, habeas relief is unavailable and a civil complaint is the appropriate form of remedy. See, e.g., Ganim v. Federal Bureau of Prisons, 235 FecLAppx. 882 (3d Cir.2007) (holding that district court lacks jurisdiction under § 2241 to entertain prisoner’s challenge to his transfer between federal prisons); Bronson v. Demming, 56 Fed.Appx. 551, 553-54 (3d Cir.2002) (habeas relief was unavailable to inmate seeking release from disciplinary segregation to general population, and district court properly dismissed habeas petition without prejudice to any right to assert claims in properly filed civil rights complaint). Recently, the Court of Appeals emphasized that, where an inmate files an application

alleging that [the Parole Board officials] violated his due process rights ... at his parole eligibility hearings by relying on the fabricated evidence in denying his parole, [the application does not present a “core” habeas challenge because] the Parole Review Board still could have denied him parole at his review hearing [relying on non-falsified evidence, since] the Parole Review Board bases its decision to grant or deny parole on numerous factors....

Fain v. Morgan, 255 Fed.Appx. 644, 644-45 (3d Cir. Nov. 28, 2007). Accordingly, the Fain court concluded that, where the inmate’s motion for reconsideration requests a curative parole hearing, the inmate’s entire application should be read as a civil rights complaint rather than a petition stating a habeas challenge. See id. at 644-45.

B. Claims Not Cognizable Under § 2241

Three of Petitioner’s claims for relief fall entirely outside this Court’s § 2241 jurisdiction. Specifically, Petitioner’s request for detection of such statutes and/or case law that would provide a basis allowing the Petition to proceed past the sua sponte dismissal stage does not present either a habeas challenge, or a Bivens challenge, or a cognizable challenge of any kind. Similarly, Petitioner’s request for production of the 1985 Parole Board Manual has no bearing on either the fact or duration of Petitioner’s confinement and, thus, falls outside § 2241 jurisdiction. See, e.g., Ganim v. Federal Bureau of Prisons, 235 Fed.Appx. 882. Finally, Petitioner’s request for a parole eligibility hearing by this Court (which Petitioner defines as an “evidentiary hearing”) is also a claim outside the scope of § 2241.

Petitioner’s Bivens-like claims for relief expressly stated in his Petition could be roughly subdivided into two categories: (1) claims seeking expungement of the BOP report from Petitioner’s file or, in the alternative, expungement of what Petitioner calls “chilling speech violations,” i.e., references to Petitioner’s frictions with the correctional officers and Petitioner’s ensuing grievances; and (2) claims seeking injunctive relief in the form of a curative (or future) hearing that would exclude the allegedly biased examiner Ms. Pinner, include two or three member Parole Board, as well as oral testimonies by Drs. Schwartz and Hilkey, Petitioner’s parents and Mr. Martinez. Neither category of these claims, however, presents a true habeas challenge. Moreover, even if construed as § 2241 challenges, these claims do not merit habeas relief, for the reasons next discussed.

1. Expungement Claims

a. Complete Expungement of the BOP Report

As previously explained to Petitioner in rejecting the Bivens-V complaint, the only case in this Circuit on the issue of ex-pungement is Williams v. Federal Bureau of Prisons, 85 Fed.Appx. 299 (3d Cir.2004), a case decided before the Supreme Court’s ruling in Wilkinson v. Dotson, 544 U.S. 74, 125 S.Ct. 1242, 161 L.Ed.2d 253 (2005).

In Williams, the inmate-petitioner filed a pro se § 2241 habeas petition claiming that federal officials had improperly refused to delete false information contained in his prison file. See id. at 303. Examining that petition, the magistrate judge employed the rationale later articulated by the Supreme Court in Wilkinson and “concluded that, since [the inmate’s] habeas claims did not challenge the length of his confinement, the habeas petition [had to] be construed as a Bivens action.” Id. The district court adopted the magistrate judge’s conclusion and, eventually, dismissed the petition. See id. The inmate appealed.

Addressing the issue, the Court of Appeals observed as follows:

We have never had to decide whether to endorse the right of expungement announced in Paine v. Baker, 595 F.2d 197 (4th Cir.1979), and other Circuit Courts of Appeals have expressly questioned its precedential value. [See] Johnson v. Rodriguez, 110 F.3d 299, 308-09 n. 13 (5th Cir.1997). Nevertheless, [the inmate in Williams ] argues that his ... prison file expungement claims are meritorious under Paine v. Baker. There, the Court of Appeals for the Fourth Circuit announced that, in limited circumstances, state prisoners have a federal due process right to have “prejudicial erroneous information expunged from their prison files.” [See Paine,] 595 F.2d at 202. The court held:

In certain limited circumstances a claim of constitutional magnitude is raised where a prisoner alleges (1) that information is in his file, (2) that the information is false, and (3) that it is relied upon to a constitutionally significant degree.

Id. at 201. [The inmate now] argues that he can assert Paine v. Baker ex-pungement claims in a § 2241 habeas petition. Even if we assume arguendo that [the inmate] can assert a Paine v. Baker expungement claim in a § 2241 habeas petition, it is nevertheless clear that he is not entitled to relief [of ex-pungement of] his prison file [where the information on file is an opinion implicating no liberty interests].

Williams, 85 Fed.Appx. at 303.

The Court of Appeals’ use of the “arguendo” language, read in light of the Supreme Court’s decision in Wilkinson (as well as in light of the Williams magistrate judge’s conclusion that the Williams petition posed a pwcelj-Bivens claim) indicates that an expungement claim falls outside § 2241 jurisdiction and has to be raised in a separate Bivens action. Moreover, even if this Court is to overlook this threshold shortcoming, it was already explained to Petitioner in Bivens-V that he

fails to state a claim even under the rule announced in Paine. Under Paine, a prisoner must allege three elements in order to state a due process claim for expungement: (1) that particular information exists in his file, (2) that the information in his file is false, and (3) that the information is relied on to a constitutionally significant degree. [See ] 595 F.2d at 201. With respect to the second element, the Paine court stated,

Bivens-V, Civil Action No. 04-3219, Docket Entry No. 10, at 9-11.

Finally, in light of the facts that: (a) Petitioner raised the same claims in his 22^1-11 and Bivens-V actions; (b) Judge Rodriguez ruled, in the 22bl-II action, that Petitioner’s allegations do not merit habeas relief; and (c) this Court expressly clarified in the Bivens-V opinion that Petitioner’s expungement claim is without merit under the holdings of Williams, 85 FedAppx. at 303, and Paine v. Baker, 595 F.2d 197, the part of the Petition containing Petitioner’s recitation of the expungement allegations twice dismissed presents a meritless and, in addition, non-reviewable “successive petition.” See Sanders, 373 U.S. at 15-17, 83 S.Ct. 1068.

b. Partial Expungement

Petitioner’s partial expungement claim is fleshed out less than that seeking compíete expungement. The relief Petitioner expressly seeks reads as follows: “Strike from the [BOP] report the chilling speech violations” and refers the reader to paragraphs 21 to 24 of his Petition. See Pet. at 48. These four paragraphs provide the following information and allegations:

In his Paragraph 21, Petitioner quotes the following statements from the BOP report:

According to information received from the Unit Team at FCI Petersburd, [Petitioner] verbally confronted members of his Unit Team and threatened to file a complaint because the team did not have all of the documentation he deemed necessary in his [BOP] file. According to his case manager, [Petitioner] questioned her understanding of BOP policy regarding being seen by his unit team. [Petitioner] insisted that he was not required to meet with team members as a matter of policy.

Pet. at 19. After so quoting, Petitioner asserts that the aforesaid statements from the BOP report are both incorrect and prejudicial, even though Petitioner’s other allegations in his Petiti