Dmytro Malakhov v. Andrew Cooper

Summary

The United States District Court for the Western District of Washington adopted a magistrate judge’s Report and Recommendation and dismissed Dmytro Malakhov’s 28 U.S.C. § 2241 habeas petition. The court held that Malakhov failed to exhaust his administrative remedies concerning First Step Act time credits and had not shown that he participated in qualifying programs before his transfer to FDC SeaTac.

Holdings

1. The petition was properly dismissed because Malakhov failed to exhaust his available Bureau of Prisons administrative remedies and did not show that exhaustion would have been futile or that the Bureau of Prisons waived the requirement.
2. In a § 2241 case, exhaustion is a prudential rather than jurisdictional requirement and may be waived, including when pursuing administrative remedies would be futile; neither futility nor waiver was established here.
3. The petition was also properly denied on the merits because Malakhov presented no evidence that he participated in programs covered by the First Step Act before arriving at FDC SeaTac.

Questions Presented

1. Whether the § 2241 petition should be dismissed because Malakhov failed to exhaust available Bureau of Prisons administrative remedies and did not establish futility or waiver.
2. Whether Malakhov was entitled to First Step Act time credits for the period before his arrival at FDC SeaTac based on the evidence presented.
3. What review was required of the magistrate judge's Report and Recommendation when no party filed objections.

Disposition

dismissed