United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. LUNGSTRUM UNITED STATES DISTRICT JUDGE
matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2241. Petitioner proceeds pro se and in forma
pauperis. Petitioner is in federal custody at USP-Leavenworth
in Leavenworth, Kansas (“USPL”). Petitioner
challenges the Federal Bureau of Prisons'
(“BOP”) calculation of his sentence. The Court
issued an Order to Show Cause (Doc. 3), Respondent filed an
Answer and Return (Doc. 6), Petitioner failed to file a
traverse by the Court's deadline, and the matter is ready
for resolution. The Court finds that Petitioner does not
allege facts establishing a federal constitutional violation
and denies relief.
was arrested by the Dallas City, Illinois Police Department
on July 28, 2013, for Aggravated Unlawful Participation in
Methamphetamine Manufacturing, Unlawful Possession of
Methamphetamine, Unlawful Possession of Methamphetamine
Manufacturing Material, and Unlawful Possession of a Weapon
by a Felon in State v. Bell, No. 13-CF-42 (Henderson
Co. Cir. Ct.) (“State No. 42”). See Doc.
6-1, Martin Decl., at ¶ 9, Ex. D.
30, 2013, while in the Henderson County Jail, Petitioner was
charged for Criminal Damage to Government Supported Property,
and Criminal Damage to Property in State v. Bell,
No. 13-CF-43 (Henderson Co. Cir. Ct.) (“State No.
43”). See id. at ¶ 10, Ex. E. On August
28, 2013, the Henderson County Circuit Court released
Petitioner on bond. See id. at ¶ 11, Ex. D.
September 12, 2013, Petitioner was arrested by the Hancock
County, Illinois authorities for Aggravated Vehicle
Hijacking, Aggravated Kidnapping, Aggravated Robbery,
Kidnapping, and Aggravated Unlawful Restraint in No. 13-CF-24
(“State No. 24”). See id. at ¶ 11,
February 19, 2014, Henderson County entered a nolle prosequi
for all charges for State No. 42. See id. at ¶
12, Ex. G.
March 7, 2014, Henderson County sentenced Petitioner to 364
days of jail time in State No. 43, but awarded Petitioner 105
days of presentence credit towards his sentence for time
served. See id. at ¶ 13, Ex. E.
30, 2014, Hancock County entered a nolle prosequi in State
No. 24, requesting dismissal for Petitioner to be prosecuted
in Federal Court. See id. at ¶ 14, Ex. H. The
same day, Illinois relinquished its jurisdiction and
Petitioner was turned over to the United Sates Marshals
Service and placed in exclusive federal custody pursuant to
federal charges for Conspiracy to Manufacture Methamphetamine
in United States v. Bell, 1:14-cr-10034-JES-JEH
(C.D. Ill.) (“Federal Criminal Case”).
Id. at Ex. I.
November 12, 2015, Petitioner was sentenced in his Federal
Criminal Case to a 60-month term of confinement. See
id. at ¶ 15, Ex. J; see also Bell, No.
1:14-cr-10034-JES-JEH at Doc. 35.
August 21, 2018, the Henderson County Sheriff's Office
was contacted pursuant to an audit of Petitioner's
sentence computation pursuant to the instant litigation.
See Doc. 6-1, Martin Decl., at ¶ 24. The
Sheriff's Department provided a clarification letter
stating that Petitioner's 105 days of credit given for
State No. 43 included the following dates when Petitioner was
incarcerated at the Henderson County Jail: July 28, 2013,
through August 28, 2013 (32 days), and November 25, 2013,
through December 18, 2013 (24 days). Id. at Ex. K.
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. 1986) (per curiam). The BOP's
four-part administrative remedy program is codified at 28
C.F.R. § 542. Respondent acknowledges that Petitioner
has exhausted his ...