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Dee v. Heisner

United States District Court, M.D. Pennsylvania

December 18, 2019

HENRY DEE, Petitioner
v.
R.A. HEISNER, WARDEN, Respondent

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE

         Petitioner, 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.

         I. Background

         On August 17, 1971, Petitioner was taken into custody by the State of Illinois. (Doc. 1, Petition).

         Petitioner 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 sentence.” Id.

         On October 8, 1980, a detainer was lodged against Petitioner. Id.

         On April 17, 2019, Petitioner was “transported to the M.C.C. Metropolitan Correctional Center in Chicago, Illinois for execution of said consecutive sentence and detainer.” Id.

         On July 1, 2019, Petitioner was received at USP-Allenwood. (Doc. 14-1 at 3). He has a projected release date of August 2, 2021. Id.

         Petitioner 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.

         A 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).

         II. Discussion

         A. Exhaustion of Administrative Remedies

         District 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 Cir. 1990).

         Although 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 ...


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