Kelly Barker v. Warden FPC Yankton

Summary

The United States District Court for the District of South Dakota grants the respondent’s motion to dismiss Kelly Barker’s 28 U.S.C. § 2241 petition and rejects the magistrate judge’s contrary report and recommendation. The court holds that Barker’s request to recalculate First Step Act earned time credits would affect only potential prerelease-custody placement, not the fact or duration of his confinement, and therefore is not properly brought through habeas corpus. The court grants Barker a certificate of appealability on the jurisdictional issue.

Holdings

1. A § 2241 habeas petition is not the proper vehicle, and the district court lacks subject matter jurisdiction, when the requested recalculation of First Step Act credits would affect only the petitioner's potential placement in prerelease custody and would not affect the fact or duration of confinement.
2. Characterizing the claim as a challenge to the Bureau of Prisons' interpretation or implementation of 18 U.S.C. § 3632(d)(4)(C) does not establish § 2241 jurisdiction when the relief sought would only alter the place of confinement.
3. A certificate of appealability should issue on whether the district court had jurisdiction over Barker's § 2241 petition.

Questions Presented

1. Whether the district court had subject matter jurisdiction under 28 U.S.C. § 2241 over Barker's challenge to the Bureau of Prisons' calculation and application of First Step Act credits when the requested relief would affect only potential prerelease-custody placement.
2. Whether Barker's challenge was substantively a challenge to the place of confinement rather than the fact or duration of confinement.
3. Whether a certificate of appealability should issue on the jurisdictional question.

Disposition

dismissed