Teeple v. Warden

Summary

The United States District Court for the Eastern District of California orders a federal prisoner proceeding under 28 U.S.C. § 2241 to show cause why his habeas petition should not be dismissed for failure to exhaust administrative remedies. The court finds that the petitioner's conclusory assertion that exhaustion would be futile does not adequately establish an exception to the prudential exhaustion requirement and warns that failure to respond may result in dismissal.

Holdings

1. Exhaustion of available judicial and administrative remedies is ordinarily required as a prudential matter before a habeas petitioner seeks relief under § 2241, although the requirement is not jurisdictional and may be waived in recognized circumstances.
2. Teeple's conclusory assertion that exhaustion would be futile was insufficient to establish an exception to the exhaustion requirement because he did not identify an applicable BOP policy or otherwise explain why an administrative appeal would almost certainly be denied.

Questions Presented

1. Whether the petition should be dismissed or subjected to a show-cause order for failure to exhaust available administrative remedies under § 2241.
2. Whether Teeple adequately demonstrated that exhaustion should be waived as futile.

Disposition

other