UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

MARLON MOSQUERA PETITIONER

V. CIVIL ACTION NO. 3:25-CV-487-DPJ-ASH

UNITED STATES OF AMERICA AND WARDEN UNKNOWN CHILDRESS REPONDENTS

ORDER

Petitioner Marlon Mosquera, a prisoner incarcerated at the Federal Correctional Complex in Yazoo City, Mississippi, filed this habeas petition under

challenging the Bureau of Prisons’ denial of credits under the First Step Act. On November 10, 2025, United States Magistrate Judge Andrew S. Harris entered a Report and Recommendation [10], recommending that the petition be dismissed without prejudice for failure to exhaust. R&R [10] at 2–5. Mosquera filed an Objection [11], and the Respondents filed a Response [12]. In his Objection, Mosquera reasserts arguments he made in his Petition [1] as to exhaustion, both of which Judge Harris rejected. First, Mosquera says “Congress has not mandated administrative exhaustion for Federal Habeas Corpus for petitions under

.” Obj. [11] at 1; see Pet. [1] at 4 (same). As Judge Harris correctly pointed out, “it is well-settled in the Fifth Circuit that ‘[a] federal prisoner may not seek § 2241 relief in connection with the execution of his sentence unless he first exhausts the administrative remedies made available by the Bureau of Prisons.’” R&R [10] at 3 (quoting Williams v. Willis,

, 83 (5th Cir. 2019) (alteration and emphasis in R&R)). Second, Mosquera again argues that the Bureau of Prisons’ administrative remedy process will result in undue delays. Obj. [11] at 3; see Pet. [1] at 5 (same). Again, Judge Harris properly rejected this argument. R&R [10] at 4. “The fact that it takes time to exhaust administrative remedies does not excuse a prisoner from initiating and completing the process. Indeed, the United States Supreme Court has held that even inmates who may be entitled to immediate release must exhaust their administrative remedies.” De La Garza Salinas v. Warden, No. 3:24-CV-662-KHJ-MTP,

, at *2 (S.D. Miss. Apr. 9, 2025), report and

recommendation adopted,

(S.D. Miss. May 5, 2025); see R&R [10] at 4. The Court agrees with Judge Harris; Mosquera has not met his burden to show he should be excused from exhausting. IT IS ORDERED that the Report and Recommendation [10] of United States Magistrate Judge Andrew S. Harris is adopted as the finding and holding of this Court. Consistent with the Report and Recommendation, Mosquera’s petition [1] is dismissed without prejudice. A separate judgment will be entered as required by Federal Rule of Civil Procedure 58. SO ORDERED AND ADJUDGED this the 18th day of December, 2025.

s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE