Anthony Cockhern v. Warden of U.S.P. Lee

Summary

The United States District Court for the Western District of Virginia dismissed Anthony Cockhern’s 28 U.S.C. § 2241 petition challenging the Federal Bureau of Prisons’ calculation of prior-custody credit. The court held that Cockhern failed to exhaust the Bureau of Prisons’ administrative remedy process because he did not file the required BP-11 appeal. The court rejected his assertions of futility and lack of notice as insufficient to excuse exhaustion and granted the respondent’s motion to dismiss.

Holdings

1. Although 28 U.S.C. § 2241 contains no express exhaustion requirement, federal prisoners are generally required to exhaust available Bureau of Prisons administrative remedies before seeking habeas review under § 2241.
2. Cockhern failed to exhaust his administrative remedies because he completed the BP-9 and BP-10 stages but never filed the required BP-11 appeal with the BOP Central Office.
3. Cockhern's failure to exhaust was not excused because his conclusory assertions of futility, ignorance of the BP-11 requirement, and alleged lack of staff explanation were unsupported by specific facts showing that the administrative process was unavailable or inadequate.

Questions Presented

1. Whether a federal prisoner seeking habeas relief under 28 U.S.C. § 2241 must exhaust available Bureau of Prisons administrative remedies before filing in federal court.
2. Whether Cockhern's failure to complete the final BP-11 administrative appeal was excused by alleged futility, lack of notice, or the alleged failure of prison staff to provide or explain the required form.
3. Whether the § 2241 petition should be dismissed for failure to exhaust administrative remedies.

Disposition

dismissed