Marlon Jermaine Johnson v. E. Ricolcol, Warden

Summary

The United States District Court for the Central District of California accepted the magistrate judge’s findings and recommendation in a federal habeas corpus action under 28 U.S.C. § 2241. The court held that the petitioner failed to exhaust Bureau of Prisons administrative remedies and that his expired loss-of-commissary-privileges claim was not cognizable in habeas. The court granted the respondent’s motion to dismiss and dismissed the action without prejudice.

Holdings

1. Johnson did not exhaust his administrative remedies because his BP-11 was rejected on procedural grounds and was submitted more than ten months after the applicable deadline.
2. The expired loss of commissary privileges did not state a cognizable claim for habeas relief under 28 U.S.C. § 2241.

Questions Presented

1. Whether the petition should be dismissed because Johnson failed to exhaust available Bureau of Prisons administrative remedies.
2. Whether the challenge to the loss of commissary privileges stated a cognizable claim for habeas relief under 28 U.S.C. § 2241.

Disposition

dismissed