Terrelonge v. Oddo

          MEMORANDUM

          A. Richard Caputo United States District Judge

         Presently before me is the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) filed by Petitioner Michael Gene Terrelonge (“Petitioner”). In his petition, Petitioner raises several claims relating to the Bureau of Prisons' (“BOP”) Inmate Financial Responsibility Program (“IFRP”). For the reasons that follow, the petition will be denied.

         I. Background

         Petitioner, an inmate at the United States Penitentiary (“USP”) Allenwood, was convicted in the United States District Court for the Western District of North Carolina of armed bank robbery and related offenses and sentenced to a 744 month term of imprisonment. (See Doc. 1, ¶ 4; Doc. 8, Ex. “1”, ¶ 2 & Attach. “C”). Petitioner was assessed $700.00 and ordered to pay $16, 875.00 in restitution. (See id. at Doc. 8, Ex. “1”, Attach. “C”). The “Schedule of Payments” portion of Petitioner's criminal Judgment provides:

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

. . .

B X Payment to begin immediately . . . combined with . . .

D X Payment in equal Monthly installments of $50.00. To commence 60 days after release from imprisonment to a term of supervision. In the event the entire amount of criminal monetary penalties imposed is not paid prior to the commencement of supervision, the U.S. Probation Officer shall pursue collection of the amount due, and may request the court to establish or modify a payment schedule if appropriate 18 U.S.C. § 3572.

         Special instructions regarding the payment of criminal monetary penalties:

__ The defendant shall pay the cost of prosecution.

__ The defendant shall pay the following court costs:

X The defendant shall forfeit the defendant's interest in the following property to the United States: any interest in any property seized during the course of this investigation.

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes imprisonment payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalty payments are to be made to the United States District Court Clerk, 401 West Trade Street, Room 210, Charlotte, NC 28202, except those payment made through the Bureau of Prisons' Inmate ...