Opinion

Rodriguez v. United States of America

Court
District Court, M.D. Pennsylvania
Filed
Mar 1, 2023
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

LEANDRO RODRIGUEZ, : CIVIL ACTION NO. 1:22-CV-2053

:

Petitioner : (Judge Conner)

:

v. :

:

WARDEN J. SAGE,1 :

:

Respondent :

MEMORANDUM

Petitioner Leandro Rodriguez (“Rodriguez”), an inmate currently confined at

the Federal Correctional Institution, Schuylkill, in Minersville, Pennsylvania,

initiated the above-captioned action by filing a petition for a writ of habeas corpus

pursuant to 28 U.S.C. § 2241. (Doc. 1). Rodriguez seeks an order directing the

Bureau of Prisons (“BOP”) to award him additional time credits pursuant to the

First Step Act (“FSA”). (Id.) For the reasons that follow, we will dismiss the habeas

petition without prejudice based on Rodriguez’s failure to exhaust available

administrative remedies.

I. Factual Background

Rodriguez is serving a twenty (20) month term of imprisonment imposed by

the United States District Court for the Eastern District of Pennsylvania for fraud

and conspiracy. (Doc. 6-1 at 7-8). At the time respondent filed the response,

1 Pursuant to 28 U.S.C. § 2243, the proper respondent in a habeas action is

“the person having custody of the person detained.” Therefore, the Clerk of Court

will be directed to terminate the United States of America as a respondent in this

action.

Rodriguez’s projected release date was May 15, 2023, via FSA time credits release.

(Id.) According to the BOP inmate locator, Rodriguez’s current projected release

date is April 30, 2023. See https://www.bop.gov/inmateloc/ (last accessed March 1,

2023).

The Administrative Remedy Generalized Retrieval reveals that Rodriguez

filed three administrative remedies while in BOP custody. (Doc. 6-1 at 9-11). On

June 8, 2022, Rodriguez filed administrative remedy number 1122772-F1 at the

institution level regarding federal time credits. (Id. at 10). The remedy was closed

with an explanatory response. (Id.) Rodriguez did not file an appeal. (See id.) On

November 4, 2022, Rodriguez filed administrative remedy number 1139962-F1 at

the institution level regarding federal time credits. (Id.) The remedy was denied,

and Rodriguez did not file an appeal. (Id.) Also on November 4, 2022, Rodriguez

filed administrative remedy number 1140009-F1 at the institution level regarding

FSA credits. (Id. at 11). The remedy was closed with an explanatory response. (Id.)

Rodriguez did not file an appeal. (See id.)

In his § 2241 petition, Rodriguez asserts that he is entitled to the application

of 4½ months of FSA time credits. (Doc. 1). Respondent contends that Rodriguez’s

§ 2241 petition must be dismissed because: (1) Rodriguez failed to exhaust his

administrative remedies before filing the instant habeas petition; and (2) Rodriguez

is not entitled to additional FSA time credits. (Doc. 6). Because our analysis begins

and ends with the administrative exhaustion argument raised in respondent’s

response, we do not reach the merits of petitioner’s claim.

2

II. Discussion

Although there is no explicit statutory exhaustion requirement for § 2241

habeas petitions, the United States Court of Appeals for the Third Circuit has

consistently held that exhaustion applies to such claims. See Callwood v. Enos, 230

F.3d 627, 634 (3d Cir. 2000) (citing Schandelmeier v. Cunningham, 819 F.2d 52, 53

(3d Cir. 1986)); Moscato v. Fed. Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996).

Exhaustion allows the relevant agency to develop a factual record and apply its

expertise, conserves judicial resources, and provides agencies the opportunity to

“correct their own errors” thereby fostering “administrative autonomy.” Moscato,

98 F.3d at 761-62 (citations omitted). The Bureau of Prisons has a specific internal

system through which federal prisoners can request review of nearly any aspect of

their imprisonment. See generally 28 C.F.R. §§ 542.10-.19. That process begins

with an informal request to staff and progresses to formal review by the warden,

appeal with the Regional Director, and—ultimately—final appeal to the General

Counsel. See id. §§ 542.13-.15. No administrative remedy appeal is considered fully

exhausted until reviewed by the General Counsel. Id. § 542.15(a).

Exhaustion is the rule in most cases, and failure to exhaust will generally

preclude federal habeas review. See Moscato, 98 F.3d at 761. Only in rare

circumstances is exhaustion of administrative remedies not required. For example,

exhaustion is unnecessary if the issue presented is one that consists purely of

statutory construction. See Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012)

(citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)). Exhaustion is

3

likewise not required when it would be futile. Rose v. Lundy, 455 U.S. 509, 516 n.7

(1982).

Rodriguez concedes that he did not exhaust administrative remedies with

regard to his FSA time credits and appears to suggest that exhaustion would be

futile. (Doc. 1 at 2; Doc. 7 at 1-2). However, he has not articulated any basis for his

suggestion of futility. While the court recognizes that administrative exhaustion is

not required if “the issue presented only pertains to statutory construction,” Kurti

v. White, No. 1:19-cv-2109, 2020 WL 2063871, at *3 (M.D. Pa. Apr. 29, 2020), the

instant case involves a dispute regarding the specific number of FSA time credits

earned by Rodriguez. Rodriguez is not challenging the legality of BOP regulations

or presenting an issue of statutory construction that might justify excusing him

from the exhaustion requirement. He argues that he should not have to exhaust his

administrative remedies because the administrative remedy process could take

months to complete, and he believes that he will be released before the process is

completed. (Doc. 1 at 2; Doc. 7 at 1-2). We are unaware of any decision from the

Court of Appeals holding that a federal prisoner may be excused from the

exhaustion requirement on that ground. Additionally, district courts within the

Third Circuit have repeatedly rejected the argument that an inmate can be excused

from the exhaustion requirement simply because his projected release date is

approaching, and he may not complete his administrative appeal before the release

date. See, e.g., Brown v. Sage, No. 22-cv-325, 2022 WL 1295414, at *1-2 (M.D. Pa.

April 29, 2022); Malvestuto v. Martinez, No. 09-cv-1339, 2009 WL 2876883, at *2-3

4

(M.D. Pa. Sept. 1, 2009); Bartolotti v. Knight, No. 22-cv-6137, 2022 WL 17959577, at

*1-2 (W.D. Pa. Dec. 27, 2022); Rosales v. Hollingsworth, No. 15-cv-3840, 2015 WL

4314572, at *2 (D.N.J. July 14, 2015). Rodriguez’s claim is the type of FSA time

credit dispute that must first be presented to BOP officials and fully exhausted.

Because Rodriguez did not exhaust his administrative remedies, and no exception

applies, his § 2241 petition must be dismissed.

III. Conclusion

We will dismiss Rodriguez’s petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2241. An appropriate order shall issue.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner

United States District Judge

Middle District of Pennsylvania

Dated: March 1, 2023

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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