United States District Court, D. Oregon
Edward Parnell Petitioner, Pro Se
J. Williams United States Attorney
Hager, Assistant United States Attorneys for Respondent
OPINION AND ORDER
A. Hernandez United States District Judge
brings this habeas corpus case pursuant to 28 U.S.C. §
2241 challenging the denial of his bail request as well as
the Bureau of Prisons' ("BOP's")
computation of his federal sentence. For the reasons that
follow, the Amended Petition for Writ of Habeas Corpus (#5)
is an inmate at FCI-Sheridan serving a 72-month federal
sentence. He was initially arrested in Texas on January 3,
2013 for Possession of a Controlled Substance. That case was
ultimately dismissed on March 25, 2013. Due to an outstanding
warrant from California for Possession of Stolen Property,
authorities continued to hold Petitioner in custody and
transferred him to California law enforcement personnel on
April 9, 2013. On July 30, 2013, a California state court
sentenced him to 44 months on the stolen property charge.
authorities released Petitioner from his 44-month sentence on
October 16, 2013, at which time he began to serve his
72-month federal sentence. Petitioner alleges that the Bureau
of Prisons ("BOP") refuses to provide him credit
for the time he served in state custody in California between
January 3, 2013 and July 30, 2013. He also asserts that he
was held without bail in violation of his right to due
process of law.
asks the Court to deny relief on the Amended Petition
because: (1) Petitioner failed to exhaust his administrative
remedies; (2) the bail challenge is now moot; and (3)
Petitioner's time in custody in California during 2013
was credited against his state-law sentence and therefore
cannot be credited toward his federal sentence. Although
Petitioner's supporting memorandum was due on February 5,
2018, Petitioner has not filed his memorandum nor has he
communicated with the Court since consenting to U.S.
Magistrate Judge jurisdiction on November 28, 2017.
Exhaustion of Administrative Remedies
order to seek habeas relief under section 2241 ... a
petitioner must first, 'as a prudential matter, '
exhaust his or her available administrative remedies."
Singh v. Napolitano, 649 F.3d 899, 900
(9th Cir. 2010) (per curiam). Requiring a
petitioner to exhaust his administrative remedies aids
"judicial review by allowing the appropriate development
of a factual record in an expert forum." Ruviwat v.
Smith, 701 F.2d 844, 845 (9th Cir. 1983). Use of
available administrative remedies conserves "the
court's time because of the possibility that the relief
applied for may be granted at the administrative level."
Id. Moreover, it allows "the administrative
agency an opportunity to correct errors occurring in the
course of administrative proceedings." Id; United
Farm Workers v. Arizona Agric. Employ. Relations Bd.,
669 F.2d 1249, 1253 (9th Cir. 1982) .
of administrative remedies is not required where the remedies
are inadequate, inefficacious, or futile, where pursuit of
them would irreparably injure the plaintiff, or where the
administrative proceedings themselves are void."
United Farm Workers, 669 F.2d at 1253 (citation
omitted); see also Fraley v. United States Bureau of
Prisons, 1 F.3d 924, 925 (9th Cir. 1993) (exhaustion
waived where request for administrative remedy initially
denied by Community Corrections Office based upon official
B.O.P. policy and further appeal would almost certainly have
been denied based upon the same policy). Courts should not,
however, relax the exhaustion requirement where it
"would encourage the deliberate bypass of the
administrative scheme." Laing v. Ashcroft, 370
F.3d 994, 1000 (9th Cir. 2004) .
employs a multi-tiered administrative remedy program. An
inmate first must attempt to resolve his issue informally
through a BP-8. If he is unable to effectively resolve the
issue, he may proceed to escalate his appeals in the
following order: (1) the Warden of his prison (BP-9); (2) the
Regional Director of the BOP (BP-10); and (3) the General
Counsel in the BOP's Central Office (BP-11). Declaration
of Jennifer Vickers (#10), ...