Opinion
1:22-cv-01138-STA-jay
08-25-2022
WILLIAM C. ALLEN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER DISMISSING § 2241 PETITION WITHOUT PREJUDICE
S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE
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 Fed.Appx. 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.
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).
IT IS SO ORDERED.