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MILLER v. U.S.

United States District Court, E.D. Pennsylvania


April 23, 2004.

TERRY E. MILLER
v.
UNITED STATES OF AMERICA.

The opinion of the court was delivered by: CHARLES WEINER, Senior District Judge

MEMO\ORDER

Terry Miller, a prisoner in federal custody, filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241. Miller claims he has satisfied his sentence, but that the Bureau of Prisons improperly failed to award him credit for time served. Respondents argue that venue in this District is improper, and that petitioner has failed to exhaust administrative remedies. Additionally, respondents argue that Miller was properly allocated credit for all time served. We conclude that venue is proper, but that Miller has failed to exhaust administrative remedies. Accordingly, we find it prudent to dismiss the petition without prejudice to permit Miller to complete the exhaustion process.

Initially, respondents argue that venue is improper because Miller is currently confined at FCI Cumberland, Maryland The transfer of a habeas petitioner to another judicial district, after the filing of the petition, does not defeat the original District Court's jurisdiction to entertain the petition. Ex Parte Mitsuye Endo, 323 U.S. 283, 304 (1944); Ex Parte Catanzaro, 138 F.2d 100 (3d Cir. 1943), Chavez-Rivas v. Olsen, 194 F. Supp.2d 368, 371 (D.N.J. 2002). Although petitioner is currently confined in Maryland, he was confined at the Federal Detention Center in Philadelphia, Pennsylvania when he originally filed his petition. Therefore, we find that venue is appropriate.

  Nonetheless, we conclude that petitioner has failed to exhaust administrative remedies. The Bureau of Prisons has established a system whereby federal prisoners may seek formal review of any aspect of their imprisonment. See 28 C.F.R. § 542.10. Additionally, a federal prisoner is required to exhaust all administrative remedies before petitioning for a writ of habeas corpus. See Moscato v. Fed. Bureau of Prisons, 98 F.2d 757, 760 (3d Cir. 1996) (citing Bradshaw v. Carlson, 682 F.2d 1050,1052 (3d Cir. 1981). A federal court may dismiss a prisoner's petition for writ of habeas corpus for failing to exhaust all administrative remedies. See U.S. v. Chavez-Gavina, 2002 U.S. Dist. LEXIS 4035, *2 (E.D.Pa. 2002) (citing Arias v. U.S. Parole Com., 648 F.2d 196, 199 (3d Cir. 1981).

  In the current case, Miller is challenging the computation of his sentence. Although Miller filed an administrative grievance in 1992, there is nothing to suggest that he raised the specific allegation he raises in the instant petition. Thus, the Bureau has not been afforded the opportunity to review this claim. As this unexhausted claim raises issues of fact to be determined by administrative agencies, we find the failure to exhaust cannot be excused. See generally Arias, 648 F.2d at 199.

  Accordingly,

The motion of Terry Miller for summary judgment is DENIED.
  The petition of Terry Miller for writ of habeas corpus is DISMISSED without prejudice to it being renewed after all administrative remedies have been exhausted.

  IT IS SO ORDERED.

20040423

© 1992-2004 VersusLaw Inc.



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