Opinion
CIVIL ACTION NO. 1:02-CV-023-C
April 29, 2002
ORDER
The Court has considered the Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241, together with Respondent's response and motion to dismiss.
Petitioner is currently incarcerated at the Big Spring Correctional Center and complains that officials at the prison have calculated his sentence incorrectly. Respondent advised that Petitioner has failed to exhaust his administrative remedies regarding the calculation of his sentence.
The exhaustion of administrative remedies is a prerequisite to the filing of a § 2241 petition. United States v. Gabor, 905 F.2d 76, 78 n. 2 (5th Cir. 1992); United States v. Dowling, 962 F.2d 390, 393 (5th Cir. 1992) (a prisoner seeking judicial review of credit for time served under 18 U.S.C. § 3585 (b) must demonstrate that he has exhausted his administrative remedies).
The Court finds that Respondent's motion to dismiss should be granted.
Petitioner's § 2241 petition for a writ of habeas corpus is dismissed for failure to exhaust administrative remedies.
SO ORDERED.