Sims v. US Atty General et al

Filing 16

ORDER OVERRULING OBJECTIONS AND ADOPTING 10 Report and Recommendations. Signed by Judge Michael H. Schneider on 11/7/2013. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
CHARLES SIMS

§

VS.

§

MICHAEL CARVAJAL

§

CIVIL ACTION NO. 5:12cv46

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Charles Sims, an inmate confined within the Bureau of Prisons, proceeding pro
se, filed the above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The Court previously referred this matter to the Honorable Caroline M. Craven, United
States Magistrate Judge, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of
this court. The Magistrate Judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning this matter. The Magistrate Judge recommends that the petition be
dismissed without prejudice for failure to exhaust administrative remedies.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report
and Recommendation.
The Court has conducted a de novo review of the objections. After careful consideration,
the Court is of the opinion the objections are without merit. Petitioner failed to exhaust his
administrative remedies through the last three steps of the applicable grievance procedure and
has not demonstrated that exhausting his administrative remedies would be futile.
Further, even if petitioner had exhausted his administrative remedies before filing his
petition, his claim would be without merit. Petitioner seeks credit toward his federal sentence for
the period beginning June 7, 2003, and ending October 4, 2004, the date his federal sentence was
imposed. However, documents submitted by the respondent demonstrate petitioner received
credit toward a state sentence for such period of time. Pursuant to 18 U.S.C. § 3585, an inmate
may only receive credit toward a federal sentence for time spent in official detention prior to the

imposition of the federal sentence if the time has not also been credited toward a state sentence.
As petitioner received credit toward his state sentence for the period of time described above, he
may not also receive credit toward his federal sentence for such period.
ORDER

.

Accordingly, the objections filed by the petitioner 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 as the opinion of the Court. A final judgment shall be entered dismissing
this petition for writ of habeas corpus in accordance with the recommendation of the Magistrate
Judge.
It is SO ORDERED.
SIGNED this 7th day of November, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE