“a federal prisoner challenging the denial of a § 2241 petition, he need not obtain a certificate of appealability”
How later courts described this case
- “a federal prisoner challenging the denial of a § 2241 petition, he need not obtain a certificate of appealability”
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LUIS ANTONIO MERCADO-ROSARIO, )
)
Petitioner, )
)
v. ) Civil Action No. 3:23-111
) Judge Nora Barry Fischer
MICHAEL UNDERWOOD, WARDEN, ) Magistrate Judge Keith Pesto
F.C.I. LORETTO, )
)
Respondent. )
MEMORANDUM ORDER
AND NOW, this 29th day of September, 2025, upon consideration of the Report and
Recommendation filed by United States Magistrate Judge Keith A. Pesto on July 31, 2023,
(Docket No. 9), recommending that the § 2241 habeas petition filed by Petitioner Luis Mercado
Rosario against Warden Michael Underwood challenging the Bureau of Prisons’ forfeiture of 27
days good conduct time as a result of his assaulting another inmate in violation of disciplinary
Code 224 be denied because he has failed to demonstrate that he is entitled to the relief requested
in light of the relevant standards of review in challenges to prison disciplinary proceedings, see
e.g., Superintendent v. Hill, 472 U.S. 445, 455, 105 S. Ct. 2768, 2774, 86 L. Ed. 2d 356 (1985),
and the Objections which were timely filed by Petitioner on August 23, 2023, (Docket No. 12),
this matter having been recently reassigned to the undersigned for prompt disposition of the
matter, and upon independent review of the record and de novo consideration of the Magistrate
Judge’s Report and Recommendation, (Docket No. 9),
IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation [9]
is ADOPTED as the opinion of this Court;
IT IS FURTHER ORDERED that Petitioner’s Objections [12] are OVERRULED and his
§ 2241 Petition [4] is DENIED, as the Court agrees that the record plainly supports the BOP’s
determination that “some evidence” supports the discipline imposed for Petitioner’s misconduct,
despite his claims that he only acted in self-defense due to his PTSD diagnosis. See Hill, 472
U.S. at 455, 105 S. Ct. 2768, 2774 (“We hold that the requirements of due process are satisfied if
some evidence supports the decision by the prison disciplinary board to revoke good time
credits.”); see also Gorbey v. Warden Lewisburg USP, No. 21-3082, 2023 WL 2643850, at *2
(3d Cir. Mar. 27, 2023) (“Gorbey argued, and argues on appeal, that he was acting in self-
defense. In spite of his argument, we agree with the District Court's conclusion that the evidence
was sufficient to support the DHO's decisions.”).
IT IS FURTHER ORDERED that the § 2241 Petition (Docket No. 4) is denied, with
prejudice, and no certificate of appealability shall issue, see Goodloe v. Warden Lewisburg
USP, 2025 WL 342189, *1, n.1 (3d Cir. 2025) (citing Reese v. Warden Phila. FDC, 904 F.3d
244, 246 (3d Cir. 2018) (“a federal prisoner challenging the denial of a § 2241 petition, he need
not obtain a certificate of appealability”); and,
IT IS FURTHER ORDERED that an appropriate Judgment follows.
s/Nora Barry Fischer
Nora Barry Fischer
Senior U.S. District Judge
cc/ecf: Magistrate Judge Keith A. Pesto
cc: Luis A. Mercado-Rosario, Reg. No. 39032-180
COLEMAN LOW FEDERAL CORRECTIONAL INSTITUTION,
INMATE MAIL/PARCELS
PO BOX 1031
COLEMAN, FL 33521 (via first class mail)
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