Opinion
Civil Action No. JFM-11-943.
April 28, 2011
MEMORANDUM
Marcello Brian Parks, a federal prisoner at the Federal Correctional Camp in Petersburg, Virginia petitions for writ of habeas corpus under 28 U.S.C. § 2241, and challenges the calculation and execution of his sentence. The petition will be dismissed without prejudice for lack of jurisdiction.
Parks is serving 168 months incarceration for bank robbery. See United States v. Parks, Civil Action No. JFM-00-427 (D. Md).
The calculation of credit for time served against a federal sentence is governed by 18 U.S.C. § 3583, with authority for implementation conferred on the Attorney General and delegated to the Bureau of Prisons (BOP). See United States v. Wilson, 503 U.S. 329 (1992). Once administrative remedies available through the BOP are exhausted, a prisoner may seek judicial review of his jail time credits by filing a habeas petition under 28 U.S.C. § 2241. See United States v. Miller, 871 F.2d 488, 490 (4th Cir. 1989) (holding that a claim for jail time credits should be brought under § 2241). Petitions under § 2241 are usually required to be filed in the judicial district where a petitioner is in custody. See 28 U.S.C. § 2241(a); see also Braden v. 30th Judicial Circuit, 410 U.S. 484, 495-500 (1973); In re Jones, 226 F.3d 328, 332-333 (4th Cir. 2000). Assuming arguendo that Parks has exhausted his administrative remedies, he must file his motion for habeas relief in the United States District Court for the Eastern District of Virginia, the judicial district where he is in custody.
The address for the United States District Court for the Eastern District of Virginia is: Federal Courthouse, 701 East Broad Street, Richmond, VA 23219.
The petition will be dismissed without prejudice so that Parks may pursue administrative remedies in the BOP and refile this action in the appropriate district. A separate order follows.