Jemison v. Federal Bureau of Prisons

• Court: District Court, E.D. Kentucky
• Decided: November 24, 2020
• Docket: 7:20-cv-00144
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION (at Pikeville)

DEXTER JEMISON, ) ) Petitioner, ) Civil Action No. 7: 20-144-DCR ) v. ) ) FEDERAL BUREAU OF PRISONS, et al., ) MEMORANDUM OPINION ) AND ORDER Respondents. ) )

*** *** *** ***

Inmate/Petitioner Dexter Jemison (also known as Terry L. Jemison) is currently confined at the United States Penitentiary-Big Sandy in Inez, Kentucky. Proceeding without an attorney, Jemison has filed a pleading styled as a “Writ of Habeas Corpus: Motion Under the First Step Act and CARES Act 3582(c)(1)(A)(i).” [Record No. 1] For administrative purposes, Jemison’s pleading has been docketed as a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. Jemison’s petition is not filed on a form approved for use by this Court as required by Local Rule 5.3. Likewise, Jemison did not pay the $5.00 filing fee as required by 28 U.S.C. § 1914 or file a motion for leave to proceed in forma pauperis. However, a review of Jemison’s construed § 2241 petition shows that it must be dismissed for another reason: it seeks relief that is unavailable in a § 2241 proceeding.1

1 A § 2241 petition is subject to initial screening by the Court as required by 28 U.S.C. § 2243. Alexander v. Northern Bureau of Prisons, 419 F. App’x 544, 545 (6th Cir. 2011). A petition will be denied “if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” Rule 4 of the Rules Governing § 2254 Cases in the United States District Courts (applicable to § 2241 petitions pursuant to Rule 1(b)). Jemison’s petition requests modification of his sentence pursuant to 18 U.S.C. § 3582 in light of unspecified “extraordinary and compelling circumstances.” However, Jemison was sentenced by the United States District Court for the Central District of Illinois, not this Court.

See United States v. Jemison, 1: 95-cr-10035-JBM-1 (C.D. Ill. 1995); United States v. Jemison, 1: 00-cr-10007-JBM-2 (C.D. Ill. 2000). A motion for modification of an imposed term of imprisonment filed under 18 U.S.C. § 3582(c) must be made in the Court that sentenced Jemison. See 18 U.S.C. § 3582(c) (providing the limited circumstances under which the court that imposed a sentence may modify that sentence). Indeed, “although the [Bureau of Prisons] has the ability to recommend compassionate release, only the sentencing court is authorized to reduce a term of imprisonment.” See Wilson v. Williams, 961 F.3d 829, 844 (6th Cir.

2020). “A district court reviewing a claim under § 2241 does not have authority to circumvent the established procedures governing the various forms of release enacted by Congress.” Id. at 838. Thus, Jemison may not pursue relief under § 3582 in this Court via a § 2241 habeas petition. In addition, to the extent that Jemison states that he should have been given “release papers” on September 13, 2020, [Record No. 1 at p. 3], a review of the “Inmate Locator” website maintained by the Bureau of Prisons (“BOP”) shows that Jemison’s current projected

release date is May 27, 2022. See BOP Inmate Locator, http://www.bop.gov/inmateloc/ (last visited November 23, 2020). And, to the extent Jemison’s § 2241 petition could be broadly construed to suggest that the BOP has incorrectly calculated his sentence, Jemison’s attempt to raise such a claim via a § 2241 petition was specifically denied on its merits by the United States District Court for the Middle District of Pennsylvania. See Jemison v. Warden Oddo, 3:18-cv-702-ARC-PT (M.D. Pa. 2018) at Record No. 11, Memorandum (issued Nov. 1, 2019) (finding that the BOP’s calculation of Jemison’s sentence was correct and denying his § 2241 petition). For the reasons outlined above, the Court will deny Jemison’s § 3582 motion (construed as a § 2241 petition) without prejudice to Jemison’s right to pursue relief in the Court that sentenced him. Accordingly, it is hereby ORDERED as follows: 1. Jemison’s “Motion Under the First Step Act and CARES Act 3582(c)(1)(A)(i)” [Record No. 1], construed as a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, is DENIED, without prejudice. 2. This matter is DISMISSED and STRICKEN from the docket. Dated: November 24, 2020.

apn CP We oe Danny C. Reeves, Chief Judge SS if J) » United States District Court ot Eastern District of Kentucky

-3-