United States District Court, M.D. Pennsylvania
RICHARD CAPUTO UNITED STATES DISTRICT JUDGE.
before this Court is a Report and Recommendation (R&R)
authored by Magistrate Judge Carlson (Doc. 9)
regarding a Petition for a Writ of Habeas Corpus filed by
Gregory Quarles (Doc. 1) pursuant to 28 U.S.C.
§ 2241. In his Petition, Quarles challenges the Bureau
of Prisons' (“BOP”) refusal to place him in a
halfway house in accord with the Second Chance Act. Because
Plaintiff failed to exhaust his administrative remedies, I
will adopt Magistrate Judge Carlson's recommendation and
deny Quarles' Petition for a Writ of Habeas Corpus.
Gregory Quarles is a federal inmate currently confined to the
United States Penitentiary in Allenwood, Pennsylvania. On
October 20, 2017 he filed a Petition for a Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241 challenging the
Bureau of Prisons' refusal to place him in a halfway
house. (Doc. 1.)
the course of Petitioner's incarceration, he has filed
twenty-eight (28) administrative grievances. (Doc.
8-1, at 3 ¶ 2.) One such grievance was filed on August
10, 2017. (Doc. 7, at 12.) In that grievance,
Petitioner complained that he was denied placement in a
halfway house as required by the Second Chance
(Id.) Petitioner was informed that no action would
be taken with respect to this grievance because his placement
in a halfway house was “appropriately denied.”
(Id.) Petitioner has provided no evidence to suggest
he pursued an appeal of this decision.
failing to have the BOP reverse its earlier decision,
Petitioner filed the instant action. (Doc. 1.)
Magistrate Judge Carlson issued an R&R, which suggests
Quarles' Petition for a Writ of Habeas Corpus be denied.
(Doc. 9.) Petitioner filed a timely objection to Magistrate
Judge Carlson's R&R (Doc. 11), and
Respondent filed a response to Petitioner's objections
(Doc. 12). This Motion is ripe for review.
Standard of Review
A. Report and Recommendation
objections to a magistrate judge's R&R are filed, I
must conduct a de novo review of the contested
portions. Sample v. Diecks, 885 F.2d 1099, 1106 n.3
(3d Cir. 1989) (citing 28 U.S.C. § 636(b)(1)(c)). This
only applies to the extent that a party's objections are
both timely and specific. Goney v. Clark, 749 F.2d
5, 6-7 (3d Cir. 1984).
conducting a de novo review, I may accept, reject,
or modify, in whole or in part, the factual findings or legal
conclusions of the magistrate judge. See 28 U.S.C.
§ 636(b)(1); Owens v. Beard, 829 F.Supp. 736,
738 (M.D. Pa. 1993). Although the review is de novo,
the law permits me to rely on the recommendations of the
magistrate judge to the extent it deems proper. See
United States v. Raddatz, 447 U.S. 667, 675-76 (1980);
Goney, 749 F.2d at 7; Ball v. United States
Parole Comm'n, 849 F.Supp. 328, 330 (M.D. Pa. 1994).
While uncontested portions of the report may be reviewed at a
standard determined by the district court, a court should at
least review the report for clear error or manifest
injustice. See Thomas v. Arn, 474 U.S. 140, 154
(1985); Goney, 749 F.2d at 7; Cruz v.
Chater, 990 F.Supp. 375, 376-77 (M.D. Pa. 1998).
Petition for a Writ of Habeas Corpus: 28 U.S.C. §
habeas statute upon which Quarles relies to challenge the
timing of his prerelease placement, 28 U.S.C. § 2241,
unlike other federal habeas statutes, “confers habeas
jurisdiction to hear the petition of a federal prisoner who
is challenging not the validity but the execution of his
sentence.” Coady v. Vaughn, 251 F.3d 480, 485
(3d Cir. 2001). The United States Court of Appeals for the
Third Circuit has concluded that § 2241 is the
appropriate means for a federal inmate to challenge a BOP
decision to limit or exclude their placement in a Residential
Reentry Center (“RRC”) or halfway house. See
Woodall v. Fed. Bureau of Prisons, 432 F.3d 235, 243 (3d
Quarles objects to Magistrate Judge Carlson's finding
that his Petition should be denied because he failed to
exhaust his administrative remedies. While Quarles appears to
accept that he has not exhausted his administrative remedies,
he argues that Magistrate Judge Carlson erred in finding that
exhaustion was ...