United States District Court, D. New Jersey
Arnold Reeves, Pro Se 38595-054 FCI Fort Dix Fort Dix, NJ.
JEROME B. SIMANDLE, Chief District Judge.
Arnold Reeves ("Petitioner"), an inmate incarcerated at FCI Fort Dix in New Jersey, filed a Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2241 (Docket Item 1), and a supplemental "exhibit" to the petition (Docket Item 3). For the following reasons, this Court will dismiss the petition.
Under 18 U.S.C. § 3624(c)(1), as amended by the Second Chance Act of 2007, Pub. L. No. 110-199, April 9, 2008 ("the Second Chance Act"), "The Director of the Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community. Such conditions may include a community corrections facility."
According to the petition, Petitioner received a 240-month sentence after conviction in the United States District Court, Southern District of New York for "various drug offenses." His projected release date is February of 2015. (Petition, Docket Item 1, p. 1). Petitioner argued that he should be immediately considered for a Residential Re-Entry Center ("RRC") placement recommendation. At the time he filed his petition, Petitioner was told that he would be considered 17 to 19 months prior to his release date. (Pet., p. 1).
In his supplemental exhibit filed over a month after the original petition, Petitioner stated that the Unit Team had considered him for RRC placement and awarded him a six-month placement (Docket Item 3, p. 1). In this exhibit, Petitioner asks for immediate release, arguing that the award of six-months was an abuse of discretion and that his medical problems warrant his immediate release. ( Id. at pp. 1-2).
Petitioner states that he completed the administrative remedy process concerning his claims (Docket Item 3, p. 4).
Section 2241 of Title 28 of the United States Code provides in relevant part:
(c) The writ of habeas corpus shall not extend to a prisoner unless... He is in custody in violation of the Constitution or laws or treaties of the United States.
28 U.S.C. § 2241(c)(3).
"Section 2241 is the only statute that confers habeas jurisdiction to hear the petition of a federal prisoner who is challenging not the validity but the execution of his sentence." Coady v. Vaughn, 251 F.3d 480, 485-486 (3d Cir. 2001). This Court has subject matter jurisdiction under § 2241 to consider the instant petition because Petitioner was incarcerated in New Jersey when he filed the petition, and he challenges the denial of early release on federal grounds. See Woodall v. Fed. Bureau of Prisons, 432 F.3d 235, 241-44 (3d Cir. 2005); Barden v. Keohane, 921 F.2d 476, 478-79 (3d Cir. 1990). Moreover, if the Bureau of Prisons ("BOP") incorrectly determined his eligibility for early release, this ...