Porter v. Daniels

Filing 15

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be denied. Extra Good Time Credits do not affect the minimum time an inmate must serve before becoming eligible for parole consideration. Signed by Judge Marcia A. Crone on 4/25/16. (mrp, )

UNITED STATES DISTRICT COURT
ERIC PORTER,
Petitioner,
versus
WARDEN DANIELS,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:13-CV-663

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Eric Porter, an inmate confined within the Bureau of Prisons, proceeding pro se, filed this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court referred this matter
to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for
consideration pursuant to applicable laws and orders of this court.
The magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning the petition. The magistrate judge recommends the petition be
denied.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. Petitioner filed objections to the
Report and Recommendation. The court must therefore conduct a de novo review of the
objections.
Petitioner was convicted of several offenses in the Superior Court of the District of
Columbia. He complains that the Bureau of Prisons has failed to give him credit for Extra Good
Time Credits he has earned while incarcerated. The magistrate judge concluded that while the
Bureau has noted the amount of Extra Good Time Credits petitioner has earned, these credits
cannot be used to reduce his maximum sentence because the maximum term of imprisonment
petitioner received was life imprisonment. In his objections, petitioner does not appear to contest
this conclusion. Instead, he complains that his Extra Good Time Credits were also not used to

calculate the date on which he became eligible for release on parole. However, Extra Good Time
Credits do not affect the minimum time an inmate must serve before becoming eligible for parole
consideration. Fields v. Keohane, 954 F.2d 945, 947 (3rd Cir. 1992) (quoting Moss v. Clark, 886
F.2d 686, 688-89 (4th Cir. 1989)). Petitioner’s objections are therefore without merit.
ORDER
Accordingly, petitioner’s objections are OVERRULED.

The findings of fact and

conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is
ADOPTED. A final judgment shall be entered denying the petition.

Signed this date.
Apr 25, 2016

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