ROJAS-ALVARADO v. HOLLINGSWORTH

Filing 2

MEMORANDUM, ORDER Clerk shall administratively terminate thisaction Directing Clerk to mail this Order, blank IFP application, and blank Petition for Writ of Habeas Corpus. Signed by Judge Renee Marie Bumb on 6/22/2016. (rtm, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

SEFERINO ROJAS-ALVARADO,

:
:
Petitioner,
:
:
v.
:
:
WARDEN JORDAN HOLLINGSWORTH, :
:
Respondent.
:
_______________________________

CIV. ACTION NO. 16-3460(RMB)

MEMORANDUM AND ORDER

On June 15, 2016, Petitioner, an inmate in the Federal
Correctional Institution in Fort Dix, New Jersey (“FCI_Fort Dix”)
submitted a petition for writ of habeas corpus under 28 U.S.C. § 2241,
seeking

reconsideration

of

his

administrative

remedy

appeals

regarding his prison disciplinary sanction, which resulted in loss
of good time credit and other sanctions. (Pet., ECF No. 1, ¶1.)
Petitioner failed to use this Court’s form application for
habeas relief under 28 U.S.C. § 2241, which is required by Local Civil
Rule 81.2(a). Furthermore, he failed to either pay the $5.00 filing
fee or submit an application to proceed in forma pauperis (“IFP”)
as required by Local Civil Rule 81.2(b). Therefore, the Court will
administratively terminate this action.

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Petitioner should be aware that prior to bringing a petition
under 28 U.S.C. § 2241, a prisoner must exhaust his administrative
remedies, which it appears Petitioner has done here. (Pet., ¶2.)
After the prisoner’s administrative remedy appeals are final, he need
not seek reconsideration of his administrative remedies, he may
directly seek restoration of his good time credits by Court order
pursuant to 28 U.S.C. § 2241. See Macia v. Williamson, 219 F. App’x
229, 232 (3d Cir. 2007)(a prisoner may challenge the execution of
his sentence by challenging a prison disciplinary proceeding that
resulted in loss of good time credits.)
Petitioner should know that although he may seek restoration
his good time credits under 28 U.S.C. § 2241, the additional relief
that he seeks, that all sanctions be vacated and expunged, is not
available under § 2241. See Castillo v. FBOP FCI Fort Dix, 221 F.
App’x 172, 175 (3d Cir. 2007)(claims for loss of phone and visitation
privileges do not affect the execution of a criminal sentence and
are not cognizable under § 2241); Levi v. Holt, 192 F. App’x 158,
160 (3d Cir. 2006)(“[w]hile the Due Process Clause protects against
the revocation of good-time, it does not provide the same level of
protection

against

the

imposition

of

other

discipline”)(citations omitted).
IT IS therefore on this 22nd day of June 2016,

2

forms

of

ORDERED that the Clerk shall administratively terminate this
action for failure to use this Court’s form petition, and failure
to pay the filing fee or submit a properly completed IFP application;
and it is further
ORDERED that the Clerk of the Court shall send Petitioner a blank
form Application to Proceed In Forma Pauperis in a Habeas Corpus Case
(DNJ-Pro-Se-007-B-(Rev. 09/09); and a blank form Petition for Writ
of Habeas Corpus Under 28 U.S.C. § 2241; and it is further
ORDERED that, if Petitioner wishes to reopen this action, he
shall so notify the Court within 30 days of the date of entry of this
Order, in writing addressed to the Clerk of the Court, Mitchell H.
Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Camden, N.J.
08101; Petitioner’s writing shall include either: (1) a complete in
forma

pauperis

application,

including

a

certification

of

Petitioner’s institutional account, as required by Local Civil Rule
81.2(b); or (2) the $5 filing fee; and (3) the completed form Petition
for Writ of Habeas Corpus Under 28 U.S.C. § 2241; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this
Order upon Petitioner by regular U.S. mail, and close this case
accordingly.
s/RENÉE MARIE BUMB__________
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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