James Milton Padberg, Jr. v. Warden C. Harrison

Summary

The United States District Court for the Western District of Tennessee dismissed James Milton Padberg, Jr.’s 28 U.S.C. § 2241 petition without prejudice. The court held that it lacked authority to order the Bureau of Prisons to immediately release Padberg to home confinement, certified that an appeal would not be taken in good faith, and denied leave to proceed in forma pauperis on appeal.

Holdings

1. The district court lacked statutory authority to order the BOP to immediately release Padberg to home confinement because decisions concerning the place of imprisonment and the form and timing of prerelease custody are committed to the BOP and executive branch.
2. Padberg was not entitled to relief under § 2241 because the requested immediate home-confinement release was not relief the court had authority to grant, and the petition therefore failed on its face.
3. A certificate of appealability was not required to appeal the denial of relief in a § 2241 proceeding brought by a federal prisoner.
4. Because the court lacked authority to grant the requested relief, any appeal would not be taken in good faith; the court therefore certified that fact and denied Padberg leave to appeal in forma pauperis.

Questions Presented

1. Whether the district court had authority under 28 U.S.C. § 2241 and the federal sentencing statutes to order the BOP to immediately release Padberg to home confinement.
2. Whether Padberg was entitled to habeas relief based on his allegations concerning FSA and SCA time credits.
3. Whether a certificate of appealability was required for an appeal from denial of this § 2241 petition.
4. Whether the court should certify that an appeal would not be taken in good faith and deny leave to proceed in forma pauperis on appeal.

Disposition

dismissed