Feaster v. Federal Bureau of Prisons et al
ORDER ADOPTING REPORT AND RECOMMENDATION: It is Ordered that 41 Report and Recommendation is accepted and adopted. It is further Ordered Petitioner's § 2241 Amended Petition (Doc. 19 ) is denied. Petitioner's request for mandamus relief is denied, and this case is dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly and close the file in this matter. Signed by Judge Jennifer G Zipps on 9/2/2014. (MFR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Michael A. Feaster,
No. CV-11-00453-TUC-JGZ (BPV)
Federal Bureau of Prisons, et al.,
Pending before the Court is a Report and Recommendation issued by United States
Magistrate Judge Bernardo P. Velasco recommending that Petitioner’s Amended Petition
pursuant to 28 U.S.C. § 2241 be denied. (Doc. 41.) As thoroughly explained by
Magistrate Judge Velasco, Petitioner is not entitled to relief as his petition is without
merit. Petitioner’s objections to the Report and Recommendation do not undermine the
analysis and proper conclusions reached by Magistrate Judge Velasco and are therefore
rejected.1 The Report and Recommendation is adopted.
The Court notes confusion exists as to Petitioner’s “meritorious good time”
(MGT) credits as a result of terminology employed in the various statutes and programs
and by the Bureau of Prisons. For example, Respondents claim that Petitioner is “being
credited for . . . DC MGT” and that “DC MGT has been appropriately applied to his
maximum term of imprisonment.” (Doc. 24, p. 8.) However, as found by the Magistrate
Judge, Petitioner is not entitled to receive DC MGT, whether applied to his maximum or
minimum sentence, as the Good Time Credits Act of 1986, D.C. Code § 24-428
(repealed), did not provide for an award of meritorious good time credits when it was
enacted in 1986. (Doc. 41, pp. 9-10.) Rather, it appears that Petitioner is receiving
federally based “Extra Good Time” (EGT) credit, which is a type of meritorious good
time (not associated with section 24-429.1’s meritorious good time). See Program
Statement 5880.33 § 11.4; see also 18 U.S.C. § 4162 (repealed). While Respondents
indicate that Petitioner “will receive . . . Meritorious Good Time (DC MGT as it is called
in the District of Columbia system)” (doc. 24, p. 6), and thereafter refer to “DC MGT”
credits in their briefing, the exhibits attached to that briefing show that Petitioner’s
Certificate of Appealability
“The plain language of [28 U.S.C.] § 2253(c)(1) does not require a petitioner to obtain
a [certificate of appealability] in order to appeal the denial of a § 2241 petition.”
Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008). “Nor is there any other statutory
basis for imposing a [certificate of appealability] requirement on legitimate § 2241
petitions. Although state prisoners proceeding under § 2241 must obtain a [certificate of
appealability], see § 2253(c)(1)(A), there is no parallel requirement for federal prisoners.”
Id. Accordingly, because Petitioner is a federal prisoner bringing a legitimate § 2241
petition, a certificate of appealability is not required.
Accordingly, IT IS HEREBY ORDERED as follows:
(1) The Report and Recommendation (Doc. 41) is accepted and adopted.
(2) Petitioner’s § 2241 Amended Petition (Doc. 19) is denied.
(3) Petitioner’s request for mandamus relief is denied, and this case is dismissed with
(4) The Clerk of the Court shall enter judgment accordingly and close the file in this
Dated this 2nd day of September, 2014.
meritorious good time credits are EGT credits. (Doc. 24, Exh. 2, p. 28.) In sum, this
Court has found no authority supporting Petitioner’s claim that his federally awarded
MGT credits should reduce his minimum sentence, and will not therefore disturb the
findings of the Magistrate Judge.
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