Winston Grey Brakeall v. Alejandro Reyes

Summary

The United States District Court for the District of South Dakota denied Winston Grey Brakeall’s habeas corpus petition challenging the recalculation of his South Dakota good-conduct-time credits, parole eligibility date, and final discharge date. The court held that the petition was governed by 28 U.S.C. § 2254 and was untimely under the one-year limitations period. The court also denied a discovery motion and declined to issue a certificate of appealability.

Holdings

1. A state prisoner challenging the fact or length of confinement must proceed under the procedural restrictions of 28 U.S.C. § 2254, regardless of whether the pleading is styled as a petition under § 2241 or § 2254.
2. The petition was untimely because more than one year had elapsed after petitioner's claims concerning the recalculation of his good-conduct-time credits were resolved by the South Dakota Supreme Court.
3. The motion for discovery was denied.

Questions Presented

1. Whether a state prisoner challenging the administration of his sentence and the resulting length of confinement must proceed under 28 U.S.C. § 2254 even when the petition is styled under § 2241.
2. Whether the petition challenging the recalculation of good-conduct-time credits was timely under the one-year limitation period in 28 U.S.C. § 2244(d).
3. Whether petitioner's motion for discovery should be granted.

Disposition

dismissed