Scoggins v. Warden USP McCreary

Filing 5

MEMORANDUM OPINION & ORDER: 1. Scogginss current petition for a writ of habeas corpus [R. 1] is DENIED WITHOUT PREJUDICE to his right to file a new action once he has fully exhausted his administrative remedies. 2. All pending motions are DENIED as moot. 3. This civil action is STRICKEN from the Courts docket. 4. The Clerks Office is DIRECTED to send Scoggins the following blank forms which he may eventually use to file a new 2241 action (if necessary): a. an E.D. Ky. 521 Petition for a Writ of Habeas Corpus Under 2241 Form; b. an AO Application to Proceed in District Court Without Prepaying Fees or Costs; and c. an E.D. Ky. 523 Certificate of Inmate Account Form. 5. The Court will enter a corresponding Judgment. Signed by Judge Claria Horn Boom on 9/24/2024.(JMB)cc: COR and David Michael Scoggins, II by US Mail w/ forms as listed in order

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
(at LONDON)
DAVID MICHAEL SCOGGINS, II,
Petitioner,

Civil Action No. 6: 24-CV-135-CHB

v.
WARDEN AT USP MCCREARY,

MEMORANDUM OPINION
AND ORDER

Respondent.

*** *** *** ***
David Michael Scoggins, II is an inmate at the United States Penitentiary – McCreary in
Pine Knot, Kentucky. Proceeding without a lawyer, Scoggins recently filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241 in which he argues that the Federal Bureau of
Prisons (“BOP”) has improperly failed to award him certain time credits he has earned pursuant to
the First Step Act and thus is miscalculating his release date. [R. 1]. The Court has conducted an
initial screening of Scoggins’s petition pursuant to 28 U.S.C. § 2243 and will deny his request for
relief at this time because he has not yet fully exhausted his administrative remedies.
Under the law, there is a multi-tiered administrative grievance process within the BOP. If
a matter cannot be resolved informally via a BP-8 Form, the prisoner must file an Administrative
Remedy Request Form (BP-9 Form) with the Warden, who has 20 days to respond. If a prisoner
is not satisfied with the Warden’s response, he may use a BP-10 Form to appeal to the applicable
Regional Director, who has 30 days to respond. If the prisoner is not satisfied with the Regional
Director’s response, he may use a BP-11 Form to appeal to the General Counsel in Washington,

D.C., who has 40 days to respond. See 28 C.F.R. §§ 542.14, 542.15, and 542.18. Once the prisoner
has fully completed all these steps, he may then file an action in federal court.
Here, it is clear from Scoggins’s submission that he has not yet fully completed the BOP’s
administrative grievance process. In fact, Scoggins himself acknowledges that he only filed his
appeal to the Regional Director on September 16, 2024, the same day he signed his § 2241 petition.
[See R. 1 at 2, 8; R. 1-2 at 5; R. 1-3 at 5]. Scoggins also admits that his administrative appeal
remains pending. [R. 1 at 2]. Until Scoggins fully completes all the steps described above, he has
not fully exhausted his administrative remedies. And while Scoggins suggests that administrative
exhaustion is not required, the United States Court of Appeals for the Sixth Circuit has made it
clear that, in fact, “[f]ederal prisoners must exhaust their administrative remedies prior to filing a
habeas petition under § 2241.” Fazzini v. Ne. Ohio Corr. Ctr., 473 F.3d 229, 231 (6th Cir. 2006).
Since Scoggins has neither fully completed the exhaustion process nor identified any legal
authority that would justify excusing the exhaustion requirement in his case, the Court will deny
his habeas petition at this time. See Settle v. Bureau of Prisons, No. 16-5279, 2017 WL 8159227,
at *2 (6th Cir. 2017) (making it clear that, “when it is apparent on the face of a § 2241 petition that
the petitioner has not exhausted his administrative remedies, a district court may sua sponte dismiss
the petition without prejudice based on that affirmative defense.”).
Accordingly, it is ORDERED as follows:
1. Scoggins’s current petition for a writ of habeas corpus [R. 1] is DENIED WITHOUT
PREJUDICE to his right to file a new action once he has fully exhausted his
administrative remedies.
2. All pending motions are DENIED as moot.
3. This civil action is STRICKEN from the Court’s docket.

2

4. The Clerk’s Office is DIRECTED to send Scoggins the following blank forms which
he may eventually use to file a new § 2241 action (if necessary):
a. an E.D. Ky. 521 Petition for a Writ of Habeas Corpus Under § 2241 Form;
b. an AO Application to Proceed in District Court Without Prepaying Fees or
Costs; and
c. an E.D. Ky. 523 Certificate of Inmate Account Form.
5. The Court will enter a corresponding Judgment.
This the 24th day of September, 2024.

3