Carlous Horton v. Warden, FCI-Forrest City

Summary

In this Recommended Disposition, the court recommends dismissing Carlous Horton's 28 U.S.C. § 2241 petition without prejudice for lack of federal habeas jurisdiction. Horton challenged the Bureau of Prisons' calculation and application of First Step Act time credits to obtain earlier placement in prerelease custody. The court also recommends denying judicial notice and declining to permit conversion of the habeas petition into a conditions-of-confinement action.

Holdings

1. Federal habeas jurisdiction is lacking because seeking earlier placement in pre-release custody does not challenge the fact or duration of detention; it only changes the place where the sentence is served.
2. The petitioner fails to raise a potentially viable conditions-of-confinement claim because prisoners have no protected liberty interest in assignment to a particular place of confinement, and he alleges no facts of invidious or retaliatory placement decisions.

Questions Presented

1. Whether federal habeas jurisdiction under 28 U.S.C. § 2241 exists over a petition challenging the BOP's calculation and application of First Step Act time credits toward pre-release custody placement.
2. Whether a challenge to pre-release custody placement constitutes a challenge to the 'fact or duration' of detention necessary for habeas jurisdiction.
3. Whether the petitioner raises a potentially viable conditions-of-confinement claim that would warrant conversion of the habeas petition.

Disposition

dismissed