Rohan L. Fray v. Warden E. Emmerich

Summary

The court denied Rohan L. Fray’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, challenging the loss of good-conduct time imposed after a prison disciplinary hearing. The court held that Fray failed to exhaust available Bureau of Prisons administrative remedies and, alternatively, that the disciplinary finding was supported by some evidence consistent with due process.

Holdings

1. Fray failed to exhaust the Bureau of Prisons administrative remedy process before filing his § 2241 petition, and the circumstances did not warrant excusing exhaustion.
2. Even if exhaustion were excused, Fray's due process challenge failed because some evidence supported the finding that he possessed a hazardous tool.

Questions Presented

1. Whether Fray's failure to appeal the disciplinary hearing officer's written decision through the Bureau of Prisons administrative remedy process required denial of his § 2241 petition for failure to exhaust administrative remedies.
2. Whether the disciplinary conviction violated due process because the record lacked some evidence that Fray possessed a hazardous tool.

Disposition

dismissed