JACOBS v. ORTIZ
OPINION. Signed by Judge Renee Marie Bumb on 9/26/2017. (dmr)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NATHAN E. JACOBS,
Civ. Action No. 16-4984 (RMB)
BUMB, District Judge
Petitioner, Nathan E. Jacobs (“Jacobs”), an inmate at FCI
Fort Dix, in Fort Dix, New Jersey, filed a petition for writ of
(Pet., ECF No. 1.)
He seeks an order directing the BOP, in good
faith, to consider the five factors set forth in 18 U.S.C. §
Residential Reentry Center.
(Pet., ECF No. 1 at 18.)1
further seeks to participate in the Life Connections Program.
(Ex Parte Mot. to Supp. Supporting Second Chance Act of 2007,
ECF No. 6 at 3.)
Jurisdiction is proper under 28 U.S.C. § 2241. See Woodall v.
Federal Bureau of Prisons, 432 F.3d 235, 243-44 (3d Cir. 2005)
(finding 28 U.S.C. § 2241 is proper vehicle to challenge BOP’s
Residential Reentry Center placement determination).
(Answer, ECF No. 14.)
Respondents contend the
issues presented in the petition are not ripe for review, and
Jacobs failed to exhaust his administrative remedies.
Jacobs argues exhaustion is futile and should be excused.
(Pet., ECF No. 1 at 9-16.)
Rule 4 of the Rules Governing Section 2254 Cases in the
United States District Courts, applicable to 28 U.S.C. § 2241
through Rule 1, scope of the rules, provides, in relevant part:
If it plainly appears from the
petition and any attached exhibits that the
petitioner is not entitled to relief in the
district court, the judge must dismiss the
petition and direct the clerk to notify the
respondent to file an answer, motion, or
other response within a fixed time, or to
take other action the judge may order.
For the reasons discussed below, the Court dismisses the
Possession of a Firearm by a Convicted Felon, in violation of 18
U.S.C. §§ 922(G)(1), 924(E).
(SENTRY Public Information Inmate
Data, Decl. of Tara Moran (“Moran Decl.”), Attach. 1, ECF No.
available, Jacobs is scheduled for release on October 3, 2020.
He wishes to participate in the Life Connections Program,
and to spend the maximum amount of time in a Residential Reentry
(Pet., ECF No. 1.)
RRC Placement Decisions
An inmate’s Unit Team makes recommendations for placement
in an RRC.
(Decl. of Vannapha Macavoy (“Macavoy Decl.”), ECF
No. 1-2, ¶3.) Federal Bureau of Prisons (“BOP”) policy, requires
an inmate’s Unit Team to make a recommendation for that inmate’s
placement in a Residential Reentry Center between seventeen and
nineteen months prior to the inmate’s release date.
2008 BOP Memorandum, Macavoy Decl., Ex. 1, ECF No. 14-2 at 7.)
An inmate can be placed in a Residential Reentry Center for a
maximum of twelve months.
(Id. at 6.)
Life Connections Program Participation
The Life Connections Program is offered at specific low,
medium and high security institutions, and assists inmates in
separate from RRC placement, and does not offer an early-release
incentive for participation. (Macavoy Decl. ¶5.)
not eligible for participation in this program until they are
between twenty-four and thirty-six months from release.
“Article III of the Constitution limits the judicial power
Hein v. Freedom From Religion Foundation,
Inc., 551 U.S. 587, 597 (2007).
The doctrine of ripeness comes
from the case or controversy requirement of Article III.
B. Anthony List v. Driehaus, 134 S.Ct. 2334, 2341 n. 5 (2014).
“A dispute is not ripe for judicial determination ‘if it rests
upon contingent future events that may not occur as anticipated,
or indeed may not occur at all.’”
Wyatt, Virgin Islands, Inc.
v. Gov’t of Virgin Islands, 385 F.3d 801, 806 (3d Cir. 2004)
(quoting Doe v. County of Centre, PA, 242 F.3d 437, 453 (3d Cir.
because BOP policy provides that consideration for RRC placement
occur 17 to 19 months before the inmate’s projected release
sometime between March 3, 2019 and May 3, 2019.
complaining of something that has not yet occurred.
issue is not ripe.
See Porter-Bey v. B.A. Bledsoe, 456 F. App’x
109, 111 (3d Cir. 2012) (affirming denial of an inmate’s habeas
petition because at the time the inmate filed the petition, he
had not yet received a final RRC placement decision.)
The same is true of Jacobs’s claim that he is wrongfully
denied participation in the Life Connections Program.
considers an inmate’s eligibility to participate in this program
Jacobs’s projected release date is October 3, 2020, making him
Connections Program between October 3, 2017 and October 3, 2018.
For the reasons discussed above, the Court dismisses the
petition for a writ of habeas corpus under 28 U.S.C. § 2241
because the claims are not ripe.
An appropriate Order follows.
September 26, 2017
s/Renée Marie Bumb
Renée Marie Bumb
United States District Judge
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