Justin Leonard Dickson v. Warden, FCI Memphis

Summary

The United States District Court for the Western District of Tennessee granted the Warden’s motion to dismiss Justin Leonard Dickson’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ calculation of prior custody credit. The court dismissed the petition for failure to exhaust administrative remedies, certified that an appeal would not be taken in good faith, and denied leave to proceed in forma pauperis on appeal.

Holdings

1. A federal prisoner challenging the Bureau of Prisons' calculation of sentence credit under § 2241 must exhaust the Bureau's administrative remedies before seeking habeas relief.
2. Failure to exhaust administrative remedies is not excused where the petitioner does not demonstrate that pursuing those remedies would be futile.
3. A federal prisoner challenging federal custody under § 2241 need not obtain a certificate of appealability.
4. Leave to proceed in forma pauperis on appeal was denied because the court certified that any appeal would not be taken in good faith.

Questions Presented

1. Whether Dickson's § 2241 petition challenging the Bureau of Prisons' calculation of his sentence and denial of 288 days of prior-custody credit should be dismissed for failure to exhaust administrative remedies.
2. Whether failure to exhaust should be excused because exhaustion would be futile.
3. Whether a federal prisoner proceeding under § 2241 must obtain a certificate of appealability.
4. Whether Dickson should be permitted to proceed in forma pauperis on appeal.

Disposition

dismissed