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Inmate loses bid to delay transfer from private prison

Muir claims moving will slow petition

An inmate from the Moshannon Valley Correctional Center, a private prison for federal inmates near Philipsburg, has lost a bid to delay his transfer to another prison so he could complete a petition asking the U.S. Supreme Court to review his conviction on fraud charges.

As one of his first actions in office, President Joe Biden issued an edict instructing the U.S. Department of Justice to end its contracts with private prisons, which house about 14,000 federal inmates.

The Moshannon Valley facility’s contract with the DoJ runs out at the end of March, and GEO Group Inc. from Texas, which owns the 1,878-bed prison, was informed its contract will not be renewed, affecting at least 1,600 inmates and 240 employees.

According to inmate Timothy Muir of New York, who stated he is a lawyer, many of the inmates at Moshannon Valley have been ordered to pack up and be ready for transfer to prisons operated by the Department of Justice.

Last week, Muir filed a request for an emergency restraining order, contending he is facing a March 14 deadline to request review of his case by the U.S. Supreme Court.

The deadline for filing the appeal request cannot be extended, he stated.

Muir said he is working on his appeal daily and contends he faces “irreparable harm and injury” if he is moved at this time.

“GEO has already begun to ‘demobilize’ MVCF to ensure its closure by March 31, 2021,” he stated in his federal petition.

U.S. District Judge Stephanie L. Haines in Johnstown on Monday denied Muir’s petition, stating, “The federal courts are not overseers of the day-to-day management of prisons.”

She went on to explain inmates have no “federal liberty interest guaranteeing that they remain at a particular prison, be transferred to another correctional facility or to be prevented from transferring to another correctional facility.”

She pointed out Muir’s deadline for filing his appeal is still weeks away, and stated the possible personal harm that he outlines may or may not occur.

“Petitioner’s allegations of potential harm are entirely speculative, and accordingly, entry of a temporary restraining order is not warranted,” Haines stated Monday in her order.

Muir has been at Moshannon Valley for more than three years. His release date is 2024.

He is serving an 84-month sentence for his part in a payday lending scheme that charged individuals unreasonably high rates of interest.

According to charges, Muir was part of a business that operated in 14 states and exploited 4.5 million people who were struggling to pay basic expenses involving food and housing.

Muir, 49, also has claimed his access to the law library at Moshannon Valley was “significantly curtailed” due to the COVID-19 pandemic.

According to an affidavit submitted by another inmate who was recently moved to Moshannon Valley from another private prison, it took six weeks for his belongings, including his legal papers, to catch up to him.

Starting at $3.83/week.

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