Opinion
Civil Action No. 15-2401(RMB)
08-25-2015
Shawn Dwayne Jones, Petitioner, v. Warden Jordan Hollingsworth, FCI Fort Dix, Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on Petitioner's letter request for additional time to respond to an Administrative Remedy Rejection Notice from the Federal Bureau of Prisons. (ECF No. 8.) A petitioner ordinarily must exhaust his administrative remedies before seeking relief under 28 U.S.C. § 2241. Moscato v. Federal Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996) (emphasis added). Therefore, this Court will deny Petitioner's request to intervene on his behalf in his attempt to exhaust his administrative remedies. If Petitioner's failure to timely file an administrative remedy request precludes him from properly exhausting his administrative remedies, his course of action in this habeas proceeding is to show cause and prejudice to excuse the procedural default. See Moscato, 98 F.3d at 761.
IT IS on this 25th day of August 2015 ,
ORDERED that Petitioner's letter request for additional time to prevent time barring (ECF No. 8) is DENIED; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order on Petitioner by regular U.S. mail.
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge