Wayne Ervin v. W. Holzapfel, Warden, FCI Beckley

Summary

In this Proposed Findings and Recommendation, the magistrate judge recommends denying Wayne Ervin’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ calculation of his federal sentence and prior-custody credit. The recommendation concludes that Ervin failed to exhaust administrative remedies and, alternatively, that Indiana retained primary jurisdiction until March 22, 2021, so his federal sentence and credits were properly calculated.

Holdings

1. The petition should be dismissed because Ervin had not exhausted the available BOP administrative remedies before filing his § 2241 petition.
2. Indiana retained primary jurisdiction over Ervin while he was temporarily borrowed by federal authorities under a writ of habeas corpus ad prosequendum.
3. The BOP properly commenced Ervin's federal sentence on March 22, 2021, when he completed his state sentence and entered primary federal custody, and he was not entitled to additional prior-custody credit.
4. Ervin was not entitled to a nunc pro tunc designation of a state institution for service of his federal sentence.

Questions Presented

1. Whether the § 2241 petition should be dismissed because Ervin failed to exhaust the BOP's available administrative-remedy process.
2. Whether Indiana retained primary jurisdiction while Ervin was produced for federal proceedings under a writ of habeas corpus ad prosequendum.
3. Whether the BOP correctly commenced Ervin's federal sentence on March 22, 2021 and correctly denied additional prior-custody credit under 18 U.S.C. § 3585.
4. Whether Ervin was entitled to a nunc pro tunc designation of a state facility for service of his federal sentence.

Disposition

other