Allen v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

WILLIAM C. ALLEN, ) ) Petitioner, ) ) v. ) No. 1:22-cv-01138-STA-jay ) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER DISMISSING § 2241 PETITION WITHOUT PREJUDICE

Petitioner William C. Allen has filed a pro se habeas corpus petition (the “Petition”) pursuant to 28 U.S.C. § 2241. (ECF No. 1.) For the following reasons, the Petition is DISMISSED without prejudice. The Petition asserts that the Federal Bureau of Prisons (“BOP”) has failed “to award[] jail time credits” towards Allen’s federal sentence. (Id. at 6.) A federal prisoner’s challenge to the calculation of sentencing credits by the BOP is cognizable under 28 U.S.C. § 2241. See United States v. Dowell, 16 F. App'x 415, 420 (6th Cir. 2001) (“[A] prisoner may seek judicial review of the computation of [his] credit[s] under 28 U.S.C. § 2241[.]”). However, before proceeding in federal court, the prisoner must “exhaust[] all of his administrative remedies” through the BOP. Id. The Petition, which was filed on this district’s official § 2241 form, indicates “No” to Paragraph 7’s question “Did you . . . file a grievance, or seek an administrative remedy?” (ECF No. 1 at 2.) The Petition is therefore DISMISSED without prejudice for Petitioner’s failure to exhaust his administrative remedies.1 IT IS SO ORDERED. s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

Date: August 25, 2022.

1 Federal prisoners who file petitions pursuant to 28 U.S.C. § 2241 need not obtain certificates of appealability under 28 U.S.C. § 2253(c)(1). Witham v. United States, 355 F.3d 501, 504 (6th Cir. 2004).