Opinion

Garvin v. Sage

Court
District Court, M.D. Pennsylvania
Filed
Oct 9, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ANTHONY GARVIN, Civil No. 3:24-cv-1496

Petitioner (Judge Mariani)

v. .

WARDEN JESSICA SAGE, .

Respondent .

MEMORANDUM

Petitioner Anthony Garvin (“Garvin”) initiated the above-captioned action by filing a

petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Garvin alleges

that the Federal Bureau of Prisons (“BOP”) failed to apply his good time credits and First

Step Act (“FSA”) credits, in violation of his constitutional rights. (/d.). For the reasons that

follow, the Court will dismiss the habeas petition without prejudice based on Garvin's failure

to exhaust the available administrative remedies.

I. Background

Garvin is serving a 24-month term of imprisonment imposed by the United States

District Court for the District of New Jersey for his conviction of conspiracy to commit bank

fraud and bank fraud. (Doc. 7-3). His current projected release date is November 23, 2025,

via FSA release. (/d.).

The Administrative Remedy Generalized Retrieval reveals that, while in BOP

custody, Garvin filed a total of eleven administrative remedies. (Doc. 7-4). Three of those

administrative remedies—numbers 1203945-F1, 1203945-F2, and 1203945-F3—concern

FSA credits. (/d.). On June 27, 2024, Garvin filed administrative remedy number 1203945-

F1 at the institution level requesting that FSA credits be applied to his Residential Reentry

Center (“RRC”) date. (/d. at p. 3). The remedy was rejected because Garvin did not

attempt to first resolve the issue informally or submit proof of his attempt to informally

resolve the issue. (/d.). On August 2, 2024, Garvin filed administrative remedy number

1203945-F2 at the institution level again requesting that FSA credits be applied to his RRC

date. (/d. at p. 5). The remedy was similarly rejected for lack of informal resolution or proof

of his attempt to informally resolve the issue first. (/d.). Garvin was advised that he must

submit the entire BP-8 and he was instructed to re-submit the administrative remedy within

five days. (/d.). Garvin then submitted administrative remedy number 1203945-F3 on

August 9, 2024, requesting that FSA credits be applied to his RRC date. (/d. atp. 7). The

remedy was denied, and Garvin was again instructed that he must provide the entire BP-8

and re-submit the remedy. (/d. at p. 7). Garvin did not properly re-submit any of these

administrative remedies. (See id.; see also Doc. 7-2, Declaration of Hugh Rich, BOP Case

Manager (“Rich Decl.”), p. 3 J 5).

In his § 2241 petition, Garvin alleges that the BOP violated his rights by failing to

apply his good time credits and FSA credits. (Doc. 1). For relief, he seeks immediate

release from custody. (/d. at p. 7). Respondent filed a response, asserting that the Court

should dismiss the petition because Garvin did not exhaust his administrative remedies

before proceeding to federal court and, alternatively, because the petition is without merit.

(Doc. 7). The record clearly establishes that Garvin failed to exhaust his administrative

remedies; therefore, the Court does not reach Respondent's alternative arguments.

Il. Discussion

While there is no statutory exhaustion requirement for habeas corpus petitions

brought pursuant to Section 2241, the Third Circuit has recognized that “[fjederal prisoners

are ordinarily required to exhaust their administrative remedies before petitioning for a writ

of habeas corpus pursuant to [Section] 2241.” Moscato v. Federal Bureau of Prisons, 98

F.3d 757, 760 (3d Cir. 1996) (citations omitted); Callwood v. Enos, 230 F.3d 627, 634 (3d

Cir. 2000). Exhaustion is required because: “(1) allowing the appropriate agency to develop

a factual record and apply its expertise facilitates judicial review; (2) permitting agencies to

grant the relief requested conserves judicial resources; and (3) providing agencies the

opportunity to correct their own errors fosters administrative autonomy.” Moscato, 98 F.3d

at 761-62 (citations omitted); Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981).

However, exhaustion of administrative remedies is not required where these

underlying reasons for exhaustion would not be served. See Coleman v. U.S. Parole

Comm'n, 644 F. App’x 159, 162 (3d Cir. 2016) (unpublished). “For example, exhaustion

may be excused where it ‘would be futile, if the actions of the agency clearly and

unambiguously violate statutory or constitutional rights, or if the administrative procedure Is

clearly shown to be inadequate to prevent irreparable harm.” Brown v. Warden Canaan

USP, 763 F. App’x 296, 297 (3d Cir. 2019) (unpublished) (quoting Lyons v. U.S. Marshals,

840 F.2d 202, 205 (3d Cir. 1988)).

In order to exhaust administrative remedies, a federal inmate must comply with the

procedural requirements of the BOP’s administrative remedy process, which are set forth in

the Code of Federal Regulations. See generally 28 C.F.R. §§ 542.10-542.19. Under these

regulations, an inmate shall first attempt informal resolution of his complaint with staff and, if

the inmate is unable to resolve his complaint informally, he shall submit a formal, written

request on the proper form to the designated staff member. See id. §§ 542.13-542.14. If

the inmate is not satisfied with the Warden's response, the inmate shall then submit an

appeal to the Regional Director, using the appropriate form. See id. § 542.15(a). And,

finally, if the inmate is not satisfied with the Regional Director's response, then the inmate

shall submit an appeal to the Office of the General Counsel, located in the BOP Central

Office, using the appropriate form. See id. An inmate is not deemed to have exhausted his

administrative remedies until his complaint has been pursued at all levels. See id.

(explaining that an “[a]ppeal to the General Counsel is the final administrative appeal’).

Here, the record reflects that, although Garvin filed three administrative remedies

concerning FSA credits—numbers 1203945-F1, 1203945-F2, and 1203945-F3—he

undisputably failed to properly exhaust those remedies. (See Doc. 7-4). Garvin's

Administrative Remedy Generalized Retrieval report demonstrates that he filed all three

remedies at the institution level and never pursued any of these remedies to the Regional or

Central Offices—the necessary steps to fully exhaust his administrative remedies. (/d.).

Garvin was advised that he may re-file the remedies with the proper documentation

reflecting his attempt to first resolve the issue informally. (/d.). Rather than comply with this

directive, Garvin bypassed the statutorily mandated procedures and, instead, filed the

instant habeas petition in federal court.

Garvin concedes his failure to exhaust but argues that exhaustion should be

excused as futile and “the administrative remedy process is extensive.” (Doc. 1, p. 6

(stating that exhaustion would be “[flutile: there is no exhaustion remedy when there is an

increase in prisoners time in [c]ustody’)). In other words, Garvin argues that he should not

have to exhaust his administrative remedies because the administrative remedy process

could take time to complete, and he should be released before the process is completed.

The Court, however, is unpersuaded by Garvin's argument, as it does not provide a basis to

excuse exhaustion. See, e.g., Greene v. Spaulding, No. 22-cv-01726, 2023 WL 3372375,

at *2 (M.D. Pa. Apr. 26, 2023) (concluding that the Section 2241 petitioner had failed to

show irreparable harm as a basis for excusing administrative exhaustion, where he argued

that the denial of his claim at the administrative level would result in him being released later

than the date he would be entitled to release if he were granted habeas relief—i.e., granted

credits under the First Step Act); Rodriguez v. Sage, No. 22-cv-02053, 2023 WL 2309781,

at *2 (M.D. Pa. Mar. 1, 2023) (explaining that “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” (collecting cases)); Ramirez v.

Sage, No. 22-cv-00638, 2022 WL 2318693, at *2 (M.D. Pa. June 28, 2022) (rejecting the

Section 2241 petitioner's argument that requiring him to exhaust his administrative remedies

“would subject him to irreparable harm because the delay would result in him being

incarcerated beyond the date he should be released” (citation omitted)). Additionally, the

Court is unaware of any decision from the Third Circuit Court of Appeals holding that a

federal prisoner may be excused from the exhaustion requirement on that ground.

The Court finds that Garvin’s claim must first be presented to BOP officials and fully

exhausted. Because Garvin did not fully exhaust his administrative remedies before

petitioning this Court, and because no exception to the exhaustion requirement applies

here, his Section 2241 petition must be dismissed.

Ill. Conclusion

Based on the foregoing, the Court will dismiss the petition for a writ of habeas corpus

pursuant to 28 U.S.C. § 2241. (Doc. 1). A separate Order shall issue.

fer y ‘Ld fl

Obert D. Mariani

United States District Judge

Dated: October 7, 2024

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.