Nesbit A. Willhite v. Warden, FCI Jesup

Summary

The document is an Order and Report and Recommendation in a 28 U.S.C. § 2241 habeas case concerning the Bureau of Prisons’ calculation of First Step Act and Second Chance Act credits. The magistrate judge recommends granting the respondent’s motion to dismiss without prejudice because the petitioner failed to exhaust available administrative remedies, recommends closing the case and denying in forma pauperis status on appeal, and grants the petitioner’s motion to amend.

Holdings

1. A § 2241 petitioner ordinarily must fully exhaust available administrative remedies before filing suit, and Willhite failed to do so because he did not complete the BOP process by filing a BP-11 appeal.
2. Willhite did not demonstrate that the BOP administrative remedy process was unavailable, futile under a recognized exception, or subject to extraordinary circumstances warranting excusal of exhaustion.
3. The petition, as amended, should be dismissed without prejudice for failure to exhaust administrative remedies.
4. Willhite's motion to amend should be granted, and the amendment was considered in evaluating the motion to dismiss.
5. Willhite should be denied leave to appeal in forma pauperis because an appeal would not present a nonfrivolous issue.

Questions Presented

1. Whether Willhite's § 2241 petition should be dismissed without prejudice because he failed to fully exhaust the BOP's available administrative remedies.
2. Whether the BOP's reliance on Program Statement 5410.01 rendered the administrative remedy process unavailable or a dead end.
3. Whether futility, undue prejudice, lack of agency authority to grant relief, agency bias, or extraordinary circumstances excused exhaustion.
4. Whether Willhite should be granted leave to amend.
5. Whether Willhite should be denied leave to appeal in forma pauperis.

Disposition

remanded