Justin Clayburn v. Jason Gunther

Summary

The United States District Court for the District of Arizona adopted a magistrate judge’s Report and Recommendation and denied and dismissed Justin Clayburn’s petition without prejudice for failure to exhaust administrative remedies. The court also agreed that the petition failed on the merits because 18 U.S.C. § 3632(d)(4)(A) ties earned-time credits to successful participation in evidence-based recidivism reduction programming or productive activities. The court directed the clerk to enter judgment and terminate the case.

Holdings

1. The petition must be denied and dismissed without prejudice because petitioner failed to exhaust administrative remedies and did not satisfy his burden of showing that exhaustion would be futile.
2. The plain language of 18 U.S.C. § 3632(d)(4)(A) forecloses petitioner's argument because the triggering date for earned time credits is successful participation in evidence-based recidivism reduction programming or productive activities.

Questions Presented

1. Whether the petition should be dismissed without prejudice because petitioner failed to exhaust administrative remedies and did not establish that exhaustion would be futile.
2. Whether 18 U.S.C. § 3632(d)(4)(A) forecloses petitioner's argument concerning the triggering date for earned time credits.

Disposition

dismissed