Allen v. United States

District Court, W.D. Tennessee

Allen v. United States

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

WILLIAM C. ALLEN, ) ) Petitioner, ) ) v. ) No. 1:22-cv-01138-STA-jay ) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER DISMISSING § 2241 PETITION WITHOUT PREJUDICE

Petitioner William C. Allen has filed a pro se habeas corpus petition (the “Petition”) pursuant to

28 U.S.C. § 2241

. (ECF No. 1.) For the following reasons, the Petition is DISMISSED without prejudice. The Petition asserts that the Federal Bureau of Prisons (“BOP”) has failed “to award[] jail time credits” towards Allen’s federal sentence. (Id. at 6.) A federal prisoner’s challenge to the calculation of sentencing credits by the BOP is cognizable under

28 U.S.C. § 2241

. See United States v. Dowell,

16 F. App'x 415, 420

(6th Cir. 2001) (“[A] prisoner may seek judicial review of the computation of [his] credit[s] under

28 U.S.C. § 2241

[.]”). However, before proceeding in federal court, the prisoner must “exhaust[] all of his administrative remedies” through the BOP.

Id.

The Petition, which was filed on this district’s official § 2241 form, indicates “No” to Paragraph 7’s question “Did you . . . file a grievance, or seek an administrative remedy?” (ECF No. 1 at 2.) The Petition is therefore DISMISSED without prejudice for Petitioner’s failure to exhaust his administrative remedies.1 IT IS SO ORDERED. s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

Date: August 25, 2022.

1 Federal prisoners who file petitions pursuant to

28 U.S.C. § 2241

need not obtain certificates of appealability under

28 U.S.C. § 2253

(c)(1). Witham v. United States,

355 F.3d 501, 504

(6th Cir. 2004).

Reference

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