Summary
This Memorandum Order from the U.S. District Court for the Eastern District of Kentucky resolves a federal inmate’s pro se habeas corpus petition under 28 U.S.C. § 2241 regarding sentence computation and facility designation. The court determined that the petitioner failed to exhaust administrative remedies through the Bureau of Prisons’ grievance system before seeking nunc pro tunc designation and Willis/Kayfez custody credits. Accordingly, the court denied these claims without prejudice to allow proper administrative exhaustion.
Topics
Practice areas
Questions Presented
- Whether Bush exhausted the Bureau of Prisons’ administrative remedy program before seeking nunc pro tunc designation and Willis/Kayfez credits under 28 U.S.C. § 2241.
Holdings
- Bush’s claims for nunc pro tunc designation and Willis/Kayfez credits are denied without prejudice because he failed to exhaust the BOP’s administrative remedy program.
Key quotations
“Accordingly, the Court DENIES Bush’s claims regarding nunc pro tunc designation and Willis/Kayfez credits without prejudice so that he may raise them through the BOP’s Administrative Remedy Program, if he wishes.”
Factual background
Bush was arrested in July 2019 for attempted murder, resulting in a state probation revocation and a 100‑month state sentence. He later pleaded guilty to a federal firearms charge and received a 57‑month federal sentence, which was to run concurrently with the state sentence. After completing his state term, he entered federal custody. Bush seeks nunc pro tunc designation of his state custody period and Willis/Kayfez credits, alleging the Bureau of Prisons failed to grant them.
Procedural history
The district court previously denied Bush’s claim for credit on his federal sentence for time spent in physical custody of federal officials. After supplemental briefing on nunc pro tunc designation and Willis/Kayfez credits, the court reviewed the claims and denied them without prejudice for failure to exhaust administrative remedies.