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Bell v. (FNU) English, Warden

United States District Court, D. Kansas

October 30, 2018

STEVEN BELL, Petitioner,
v.
(FNU) ENGLISH, Warden, USP-Leavenworth, Respondent.

          MEMORANDUM AND ORDER

          JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE

         This 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.

         I. Facts

         Petitioner 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.

         On July 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.

         On 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, Ex. F.

         On February 19, 2014, Henderson County entered a nolle prosequi for all charges for State No. 42. See id. at ¶ 12, Ex. G.

         On 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.

         On May 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.

         On 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.

         On 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.

         II. Discussion

         1. Exhaustion

         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. 1986) (per curiam). The BOP's four-part administrative remedy program is codified at 28 C.F.R. ยง 542. Respondent acknowledges that Petitioner has exhausted his ...


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