Cox v. Federal Bureau of Prisons et al
ORDER ENTERED: Petitioner's motion 4 to amend the petition is denied without prejudice. Petitioner's motion 5 for a cease and desist order is denied. The petition for a writ of habeas corups under 28 U.S.C. 2241 is dismissed without prejudice. Signed by Senior District Judge Richard D. Rogers on 6/21/2011. (Mailed to pro se party Welby Thomas Cox by regular mail.) (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
WELBY THOMAS COX,
CASE NO. 11-3017-RDR
FEDERAL BUREAU OF PRISONS, et al.,
O R D E R
This matter comes before the court on a petition for writ of
habeas corpus under 28 U.S.C. § 2241, filed pro se by a petitioner
incarcerated in the United States Penitentiary in Leavenworth,
Petitioner alleges error in the execution of his federal
In part, petitioner claims error in the offense history
recited in his Inmate Skills and Development Program has deprived
Petitioner also claims he stopped participating in a Residential
Drug and Alcohol Program which was not needed once he discovered no
psychological counseling was provided.
On these allegations, petitioner seeks correction of his record
within the Bureau of Prisons (BOP), and disclosure of all persons
responsible for said error.
Petitioner also seeks transfer to
another federal facility pursuant to a 24 hour furlough, one year of
home confinement pursuant to the Second Chance Act, administrative
leave for a unit team member to undergo stress and anger management,
an accounting of all fines collected from petitioner by BOP and paid
to the court, and to have his file sealed.
Petitioner acknowledges he has not exhausted administrative
remedies within the Bureau of Prisons, but claims exhaustion is not
required to establish this court’s jurisdiction.
Petitioner also cites his repeated lack of success in
all other attempts to correct his record.
Section 2241 is appropriate to challenge the execution of a
Haugh v. Booker, 210 F.3d 1147, 1149 (10th
However, it is well-settled in this circuit that
exhaustion of available remedies is required before seeking habeas
corpus relief under § 2241 in a federal court.
F.3d 1198, 1203 (10th Cir.2010).
Garza v. Davis, 596
See e.g., Montez v. McKinna, 208
F.3d 862, 866 (10th Cir.2000)("A habeas petitioner is generally
required to exhaust state remedies whether his action is brought
under § 2241 or § 2254."); Williams v. O'Brien, 792 F.2d 986, 987
remedies before commencing a petition pursuant to § 2241).
narrow exception to the exhaustion requirement has been recognized
insufficient on its face to show that administrative relief was
See 28 C.F.R. §§ 542.10 to 542.16 (codifying the four-level
BOP administrative remedy system an inmate must utilize to fully
exhaust administrative remedies).
Petitioner’s motion to amend the instant § 2241 petition to
further assert a demand under the Freedom of Information Act (FOIA),
5 U.S.C. § 552a(d), for specific corrections or amendments to his
inmate record is denied as an improper attempt to expand the scope
of this matter beyond habeas corpus.
“effectively foreclosed” to petitioner.
Goodwin v. Oklahoma, 23
F.2d 156, 158 (10th Cir.1991).
The court thus finds the instant petition should be dismissed
without prejudice, based upon petitioner’s patently clear failure to
first fully exhaust administrative remedies.
Motion for a Court Ordered Cease and Desist” order is denied.
IT IS THEREFORE ORDERED that petitioner’s motion to amend the
petition (Doc. 4) is denied without prejudice, that petitioner’s
motion for a cease and desist order (Doc. 5) is denied, and that the
petition for a writ of habeas corpus under 28 U.S.C. § 2241 is
dismissed without prejudice.
This 21st day of June 2011, at Topeka, Kansas.
s/ Richard D. Rogers
RICHARD D. ROGERS
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?