Pritchett v. Upton

5 Citing cases

  1. Elfrank v. VOA/AG of the U.S.

    3:24-CV-2865-D-BW (N.D. Tex. Dec. 5, 2024)

    Courts may sua sponte dismiss § 2241 petitions for lack of exhaustion. See, e.g., Pritchett v. Upton, No. 3:16-CV-3344-M-BN, 2016 WL 7971334, at *2 (N.D. Tex. Dec. 30, 2016).

  2. Buholtz v. Grant

    3:24-CV-2178-X-BW (N.D. Tex. Sep. 12, 2024)

    Courts may sua sponte dismiss § 2241 petitions for lack of exhaustion. See, e.g., Pritchett v. Upton, No. 3:16-CV-3344-M-BN, 2016 WL 7971334, at *2 (N.D. Tex. Dec. 30, 2016).

  3. Dixon v. Withers

    Civil Action 3:21-cv-490-KHJ-MTP (S.D. Miss. Feb. 24, 2023)

    (“A prisoner seeking credit for time he served in state custody must exhaust all administrative remedies with the BOP before turning to the courts.”); see Pritchett v. Upton, No. 3:16-CV-3344-M-BN, 2016 WL 7971334, at *2 (N.D. Tex. Dec. 30, 2016), report and recommendation adopted, No. 3:16-CV-3344-M, 2017 WL 327475 (N.D. Tex. Jan. 23, 2017) (dismissing a § 2241 petition sua sponte for failure to exhaust administrative remedies where a petitioner indicated in the petition that she failed to exhaust available administrative remedies). As Petitioner has failed to properly exhaust his administrative remedies, his Petition should be dismissed.

  4. Garcia v. Merendino

    CIVIL 1:21-CV-01325 (W.D. La. Sep. 17, 2021)   Cited 2 times

    And Garcia has not met his burden of showing that administrative review would be futile. Overshown v. Upton, 466 Fed.Appx. 361, 361 (5th Cir. 2012) (per curiam) (quoting Fuller, 11 F.3d at 62); Pritchett v. Upton, 2016 WL 7971334, at *2 (N.D. Tex. 2016).

  5. Kaiser v. United States

    No. 3:20-CV-1549-M-BH (N.D. Tex. Aug. 18, 2020)

    Courts may sua sponte dismiss § 2241 petitions for lack of exhaustion. See Pritchett v. Upton, No. 3:16-cv-3344-M-BN, 2016 WL 7971334, at *2 (N.D. Tex. Dec. 30, 2016) (citing Wy v. Berkebile, No. 3:08-CV-1894-G, 2008 WL 5262711, at *2 n.2 (N.D. Tex. Dec. 17, 2008)). The computation of sentence credit awards is done by the Attorney General of the United States, through the BOP, and not the courts.