United States District Court, M.D. Pennsylvania
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
Henry Dee, an inmate confined in the Allenwood United States
Penitentiary, (“USP-Allenwood”), White Deer,
Pennsylvania, filed the instant petition for writ of habeas
corpus pursuant to 28 U.S.C. §2241. Petitioner seeks
immediate release. (Doc. 1, petition). Specifically, he
claims that his sentence for Attempted Escape is extreme and
he “has served over 48 years of incarceration, the
Illinois Department of Corrections deemed that he had served
enough time, as well as been a model inmate to be worthy of
release from incarceration” and he “is 73 years
of age, has poor health and requires medications for his day
to day living, including insulin to maintain his blood
sugar.” Id. For relief, he seeks immediate
release “so that Petitioner can spend the remainder of
his days with cherished loved ones that he does have
left.” Id. The petition is ripe for
disposition, and for the reasons outlined below, the petition
will be DISMISSED for Dee's failure to
exhaust administrative remedies.
August 17, 1971, Petitioner was taken into custody by the
State of Illinois. (Doc. 1, Petition).
states that “in 1979, Petitioner was transported from
state custody to the Metropolitan Correctional Center in
Chicago on a separate issue that required Federal
Intervention.” Id. He claims that
“during such time, [he] was given an additional charge
and sentence under 18 U.S.C. §751, Attempted Escape, to
wit Petitioner received a 36 month consecutive
October 8, 1980, a detainer was lodged against Petitioner.
April 17, 2019, Petitioner was “transported to the
M.C.C. Metropolitan Correctional Center in Chicago, Illinois
for execution of said consecutive sentence and
1, 2019, Petitioner was received at USP-Allenwood. (Doc. 14-1
at 3). He has a projected release date of August 2, 2021.
files the instant petition for writ of habeas corpus,
challenging the length of his sentence for Attempted Escape,
as well as requesting release, based on his age and health.
November 18, 2019 search of the BOP SENTRY computer generated
Administrative Remedy Retrieval system revealed that
Petitioner has not filed any administration remedies since
his designation to BOP custody. (Doc. 14-1 at 8,
Administrative Remedy Generalized Retrieval).
Exhaustion of Administrative Remedies
Courts have jurisdiction under §2241 to consider
petitions brought by inmates, like Clark, who allege that the
BOP miscalculated their sentences. Woodall v. Federal
Bureau of Prisons, 432 F.3d 235, 241 (3d Cir. 2005).
Section 2241, and not §2255, confers habeas jurisdiction
to hear the petition of a federal prisoner who is challenging
the execution rather than the validity of his sentence.
Coady v. Vaughn, 251 F.3d 480, 485 (3d Cir. 2001).
See also Barden v. Keohane, 921 F.2d 476, 478 (3d
there is no statutory exhaustion requirement attached to
habeas petitions brought pursuant to 28 U.S.C. §2241, a
federal prisoner must exhaust his administrative remedies
prior to filing a §2241
petition. See Smallv. Camden County, 728
F.3d 265, 269 (3d Cir. 2013); Callwood v. Enos, 230
F.3d 627, 634 (3d Cir. 2000); Moscato v. Fed. Bureau of
Prisons,98 F.3d 757, 760 (3d Cir. 1996) (emphasis
added). This mandate “has developed through decisional
law in applying principles of comity and federalism” to
claims brought under §2241. Schandelmeier v.
Cunningham,819 F.2d 52, 53 (3d Cir. 1986). Giving an
agency the opportunity to correct ...