Alexander Ismael Benavidez v. Warden F C I Pollock

• Court: District Court, W.D. Louisiana
• Decided: November 6, 2025
• Docket: 1:25-cv-01465
• Status: Unknown

Opinion

a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

ALEXANDER ISMAEL BENAVIDEZ CIVIL DOCKET NO. 1:25-CV-01465 Petitioner SEC P

VERSUS JUDGE DRELL

WARDEN F C I POLLOCK, MAGISTRATE JUDGE PEREZ-MONTES Respondent

MEMORANDUM ORDER Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 filed by pro se Petitioner Alexander Ismael Benavidez (“Benavidez”). Benavidez is imprisoned at the Federal Correctional Institution in Pollock, Louisiana (“FCI Pollock”). He challenges the computation of his sentence by the Bureau of Prisons (“BOP”). To determine whether Benavidez should be excused from the exhaustion requirement, and whether his Petition has merit, he must AMEND. I. Background Benavidez was convicted of possession with intent to distribute more than 500 grams of methamphetamine. , 2:20-CR-01215 (W.D. Tex.), ECF No. 107. On August 28, 2024, he was sentenced to 151 months of imprisonment, with credit for time served since April 5, 2020. According to the BOP’s online locator service, Benavidez’s projected release date is December 24, 2030. Benavidez seeks a speedier release from custody. He asserts that he should not be required to exhaust administrative remedies because the prison staff told him to “return at another time” to obtain the administrative remedy forms. ECF No. 1-1 at 3.

II. Law and Analysis A petitioner seeking relief under § 2241 must first exhaust administrative remedies through the BOP’s four-step process. , 11 F.3d 47, 49 (5th Cir. 1993) (citing , 905 F.2d 76, 78 n. 2 (5th Cir. 1990)); , 956 F.2d 83, 84 (5th Cir. 1992) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief). First, a prisoner must

attempt to informally resolve the complaint with staff. 28 C.F.R. § 542.13(a). If informal attempts are unsuccessful, the prisoner must submit a Request for Administrative Remedy to the warden. 28 C.F.R. § 542.14. If the prisoner is not satisfied with the warden’s response, he may appeal to the Regional Director. 28 C.F.R. 542.15. If still unsatisfied, the prisoner may file a national appeal to the Office of General Counsel as the final step in the administrative appeal process. Only after exhausting these available administrative remedies may an inmate seek

relief through a § 2241 petition. , 905 F.2d at 78 n. 2. The exhaustion requirement applies to the computation of sentences. , 905 F.2d at 78 n.2; , 60 F.3d 745, 747 (11th Cir. 1995). “Exceptions to the exhaustion requirement are appropriate where the available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” , 765 F. App’x 83, 83-84 (5th Cir. 2019) (citations omitted); , 596 F.3d 1198, 1203 (10th Cir. 2010). The petitioner has the burden of demonstrating that an exception to the

exhaustion requirement applies. Benavides alleges that exhaustion should be excused because he was told on several occasions to “return at another time to obtain the forms.” ECF No. 1-1 at 3. Benavides should provide some evidence to substantiate his claim that prison staff is attempting to “thwart his efforts” to exhaust. ECF No. 1-1 at 3. He should produce copies of any written requests for grievance forms; provide the dates on

which he made verbal requests for forms; and provide the name of the staff members who told him to “return at another time.” , 4:21-CV-631, 2021 WL 3930087, at *2 (N.D. Tex. Sept. 1, 2021) (petitioner presents no evidence in support of her allegation that she sought a grievance form, but staff refused the request, or that any attempt to exhaust would be futile). Additionally, as to the merits of his claim, Benavides should explain how he is entitled to be released from his 151-month sentence. He should provide copies of

any evidence supporting his calculation of the sentence, as well as evidence of any time credits to which he believes he is entitled. III. Conclusion Because additional information is needed to evaluate Benavides’s Petition, IT IS ORDERED that he AMEND within 30 days of the date of this Order to provide the information requested. SIGNED on Thursday, November 6, 2025.

wt JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE