Bradshaw v. Carlson

682 F.2d 1050
Court of Appeals for the Third Circuit·Decided June 25, 1981·No. No. 79-2275·Published·Cited by 249 cases

Opinion

OPINION OF THE COURT

PER CURIAM:

This is an appeal from an order of the United States District Court for the Middle District of Pennsylvania dismissing without [1051] prejudice appellant’s petition for a writ of habeas corpus because of his failure to exhaust available administrative remedies.

Appellant, Henry C. Bradshaw, was convicted of first degree murder and sentenced to life imprisonment by the District Court of the Virgin Islands. Bradshaw was confined initially to the Adult Correctional Facility at Golden Grove, Virgin Islands, but pursuant to a request from the Director of the Bureau of Corrections of the Virgin Islands (“Director”), he was transferred to the custody of the United States Bureau of Prisons. Appellant was then committed to the United States Penitentiary in Atlanta, Georgia; subsequently he was transferred to the federal facility in Leavenworth, Kansas, and later to Lewisburg, Pennsylvania where he is currently confined.

Proceeding pro se in the district court, Bradshaw argued that: (1) the transfers violated due process because he was not afforded notice, or a hearing, or a statement of reasons for the transfers; (2) his life was in constant danger in the federal facilities; (3) the transfer to the mainland prevented his family from visiting him; (4) he should not have been transferred in the absence of a showing that he posed a security risk in the Virgin Islands prisons, and (5) there was no statutory basis for the transfers.

The district court referred appellant’s petition to a magistrate, who, in a report of June 20,1979, refused appellees’ request to dismiss for failure to exhaust administra-five remedies, because it would be futile to require exhaustion when the substantive claims clearly lacked merit. Relying on the Supreme Court’s decision in Montanye v. Haymes, 427 U.S. 236, 96 S.Ct. 2543, 49 L.Ed.2d 466 (1976), the magistrate concluded that there could be no due process bar to transferring an inmate from the Virgin Islands to the federal prison system in the absence of “some right or justifiable expectation” grounded in the local law making transfer dependent upon a showing of special need. Montanye, 427 U.S. at 242, 96 S.Ct. at 2547.1 The magistrate held that 1A V.I.Code tit. 5, § 4501 (Supp.1976) granted broad discretion to the Director of the Bureau of Corrections to transfer inmates to federal prison facilities.2 He also found that 18 U.S.C. § 5003 (1976) empowered the federal officials to assume custody of territorial prisoners.3 Accordingly, he recommended that appellant’s petition be denied.

Bradshaw filed exceptions to the magistrate’s report on July 6, 1979. While continuing to press his claims concerning personal safety and hardship to his family, appellant elaborated upon his statutory claim. He argued that 18 U.S.C. § 5003 (1976) authorized the transfer of only those state and territorial prisoners requiring special treatment not available in local facilities. He also argued that 1A V.I.Code Ann. tit. 5, § 4501 did not authorize the Director to transfer inmates to the federal prison system without a hearing.

[1052] The district court dismissed appellant’s petition without prejudice for failure to exhaust available administrative remedies. It held that “Bradshaw’s claims relating to his personal safety, hardship on himself, and his family, and his late claim based on the general condition of his health must be dismissed for failure to exhaust administrative remedies.” Bradshaw v. Carlson, No. 79-545, order at 2 (M.D.Pa. August 2, 1979). Appellant’s section 5003 claim was also dismissed on exhaustion grounds. In reaching this result, the district court observed that if it were to rely on this court’s decision in United States ex rel. Marrero v. Warden, Lewisburg Penitentiary, 483 F.2d 656, 659 (3d Cir. 1973), rev'd on other grounds, 417 U.S. 653, 94 S.Ct. 2532, 41 L.Ed.2d 383 (1974), then “there would be no need for Bradshaw to exhaust administrative remedies because the only issue involved is the proper construction of § 5003.” Bradshaw, No. 79-545, order at 3. The court refused to follow Marrero, reasoning that the Bureau of Prisons should be given an opportunity to construe the statute in administrative proceedings prior to any judicial action. This appeal followed.4

A federal prisoner ordinarily may not seek habeas corpus relief until he has exhausted all available administrative remedies. Arias v. United States Parole Commission, 648 F.2d 196 (3d Cir. 1981); United States ex rel. Sanders v. Arnold, 535 F.2d 848, 850 (3d Cir. 1976); Soyka v. Alldredge, 481 F.2d 303 (3d Cir. 1973). We have adhered to the exhaustion doctrine for several reasons;

(1) judicial review may be facilitated by allowing the appropriate agency to develop a factual record and apply its expertise, (2) judicial time may be conserved because the agency might grant the relief sought, and (3) administrative autonomy requires that an agency be given an opportunity to correct its own errors.

Marrero, 483 F.2d at 659. See also Sanders, 535 F.2d at 853 (Adams, J., dissenting). Bradshaw admits that he has not attempted to exhaust administrative remedies. Accordingly, the district court correctly dismissed appellant’s claims with respect to his personal safety, hardship on himself and his family, and his health. These claims are particularly ill-suited for judicial review without thé prior development of a factual record by administrative authorities.

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Bradshaw v. Carlson, 682 F.2d 1050 (3d Cir. 1981).

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