United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. LUNGSTRUM UNITED STATES DISTRICT JUDGE
matter is a petition for writ of habeas corpus filed under 28
U.S.C. § 2241. Petitioner, a prisoner in federal custody
at USP-Leavenworth (“USPL”), proceeds pro
se. Petitioner challenges the Inmate Financial
Responsibility Program (“IFRP”). The Court issued
an Order to Show Cause, Respondent filed an Answer and Return
(Doc. 3), and Petitioner filed a Traverse (Doc. 4). This
matter is ready for resolution. The Court finds that
Petitioner does not allege facts establishing a federal
constitutional violation and denies relief.
is currently incarcerated with the Federal Bureau of Prisons
(“BOP”) at USPL. On October 2, 2008, Petitioner
was sentenced in the U.S. District Court for the District of
Nevada, and is serving a 160-month sentence for one count of
Bank Robbery and three counts of Armed Bank Robbery, and an
84-month sentence for Use of a Firearm During a Crime of
Violence. Petitioner has a projected release date of February
22, 2024, via good conduct time.
alleges as Ground One in his Petition that the BOP's
requirement that he sign a contract agreeing to make IFRP
payments violates the Mandatory Victims Restitution Act of
1996; and that the BOP lacks authority to require Petitioner
to make restitution payments through IFRP or to punish
Petitioner for electing not to participate in the
“voluntary” program. Petitioner's request for
relief asks the Court to order BOP at USPL to remove him and
similarly-situated inmates from “restriction” and
“FRP Refusal Status.”
Court finds the following uncontroverted facts from the
pleadings and exhibits of both parties.
October 2, 2008, federal Judgment and Commitment Order
(“J&C”) specifies that Petitioner pay the
following criminal monetary penalties: $500.00 assessment;
$20, 326.95 restitution. (Doc. 3-2, at 36.) The J&C
indicates restitution is due immediately, and further states:
Any remaining balance due at the time of release shall be
paid at a monthly rate of 10% of gross income, subject to
adjustment based on ability to pay . . . Unless the court has
expressly ordered otherwise, if this judgment imposes
imprisonment, payment of criminal monetary penalties is due
during imprisonment. All criminal monetary penalties, except
those payments through the Federal Bureau of Prisons'
Inmate Financial Responsibility Program, are made to the
clerk of the court.
Id. at 37. Because the J&C does not have a
specific payment amount or percentage set forth by the court,
the BOP has utilized its formula through the IFRP to assist
Petitioner in repaying his restitution debt. Petitioner's
last payment towards his financial obligations was on
September 12, 2013. Id. at 39.
IFRP status during his incarceration with the BOP has
included Unassigned, Participates, No Obligation, and
Refuses. Petitioner was placed on “No Obligation”
status while housed at the Federal Correctional Complex
Victorville, in Adelanto, California, based on procedures
implemented after litigation occurring in the Ninth Circuit.
his arrival at USPL, Petitioner's unit team reviewed
Petitioner's financial obligations and developed a
financial plan in accordance with BOP policy. On or about
December 5, 2016, Petitioner met with Mr. Booth, his
Correctional Counselor, at USPL. During this initial meeting,
Petitioner informed Booth that his security points were
inaccurate and gave Booth a BP-8 challenging his inaccurate
points. Booth gave Petitioner an IFRP contract and told him
to sign it. Petitioner refused to sign it, and Booth told
Petitioner to leave his office. Petitioner was then placed on
“restriction” and IFRP “Refusal”
obtain habeas corpus relief, an inmate must demonstrate that
“[h]e is in custody in violation of the Constitution or
laws or treaties of the United States.” 28 U.S.C.
§ 2241(c)(3). Generally, a federal prisoner must exhaust
available administrative remedies before commencing a habeas
corpus petition under 28 U.S.C. § 2241. Williams v.
O'Brien, 792 F.2d 986, 987 (10th Cir. ...