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Thomas v. Meeks

United States District Court, D. South Carolina, Charleston Division

January 17, 2017

Michael Scott Thomas Petitioner,
v.
B.J. Meeks, Warden, Respondent.

          ORDER

          Richard Marie Gergel United States District Court Judge.

         This matter is before the Court on the Report and Recommendation ("R&R") of the Magistrate Judge. Michael Scott Thomas ("Petitioner"), proceeding pro se, is a federal prisoner incarcerated at FCI-Williamsburg in Salters, South Carolina. He seeks a writ of habeas corpus under 28 U.S.C. § 2241, alleging that the Bureau of Prisons ("BOP") has not properly calculated his federal sentence. Specifically, Petitioner alleges that he has not received sufficient credit toward his federal sentence to account for 1) the time he spent in federal custody under a writ of habeas corpus from August 19, 2009 through September 1, 2010 and 2) the time he spent in state custody following revocation of his state parole on September 2, 2010 until August 18, 2013.

         Respondent filed a Motion to Dismiss or, in the alternative, a Motion for Summary Judgment on June 15, 2016. (Dkt. No. 16.) The court advised Petitioner of the summary judgment and dismissal procedures that apply to this case. (Dkt. No. 18.) Petitioner filed his Response on June 22, 2016 and later filed objections to the R&R. (Dkt. Nos. 20 and 33.) The Magistrate Judge recommended that this court grant Respondent's Motion for Summary Judgment, deny the Petition for Writ of Habeas Corpus, and dismiss the Petition with prejudice and without an evidentiary hearing.

         Facts

         This court adopts the following facts as outlined in the R&R:

1. On August 19, 2009, Petitioner was arrested by local authorities in Toombs County, Georgia for the crime of "prohibited activities" and a parole violation. (Dkt No. 16-2 at 8 (Toombs County Arrest and Booking Report).)
2. On August 21, 2009, the United States District Court for the Southern District of Georgia issued a writ of habeas corpus ad prosequendum, asking the state of Georgia to transfer Petitioner to the custody of the United States Marshals Service ("USMS") for prosecution on federal charges. (Dkt No. 16-2 at 10)
3. On August 31, 2009, based on the writ ad prosequendum and a pre-existing arrest warrant from June 5, 2009, the USMS took Petitioner into federal custody. (Dkt No. 16-2 at 12, 14 (Federal Warrant executed, USMS Prisoner Tracking Sheet).)
4. About a year later, on September 1, 2010, Petitioner pleaded guilty to federal drug charges. (Dkt. No 16-2 at 17).
5. On September 2, 2010, the state of Georgia revoked Petitioner's state parole based on his federal conviction. (Dkt. No. 16-2 at 24-26 (Georgia Board of Pardons and Parole Documents).)
6. The Georgia Department of Corrections completed a Sentence Computation Report, listing Petitioner's maximum release date as March 23, 2014. (Dkt No. 16-2 at 28 (Georgia DOC Sentence Computation Report).) Petitioner's maximum state sentence was not adjusted outward for the time he spent in federal custody on the writ ad prosequendum. March 23, 2014 is exactly seven years from March 23, 2007, the date Petitioner began serving his seven-year state sentence. This means the state of Georgia credited the entire four-year period at issue here, from August 19, 2009 to August 18, 2013, toward Petitioner's state sentence.
7. On October 4, 2010, Petitioner was returned to the Georgie Department of Corrections to complete his state sentence. (Dkt. No. 16-2 at 16 (USMS prisoner tracking sheet).)
8. On August 19, 2013, after he finished serving his state sentence, the Georgia Department of Corrections paroled Petitioner to the custody of the USMS to begin serving his federal sentence. (Dkt. No. 16-2 at 16, 50 (USMS prisoner tracking sheet, Georgia Department of Correction Offender Finder).)
9. While in federal custody, Petitioner applied to have his time spent in state custody completing his state sentence credited toward his federal sentence (also referred to as nunc pro tunc designation). (Dkt. No. 16-2 at 53-54.) Petitioner has not specifically objected to the BOP's denial of that request, but the record shows that the BOP fully considered all required factors under 18 U.S.C, § 3621(b) before it denied Petitioner's request for nunc pro tunc designation due to his extensive criminal record and a letter from the federal sentencing judge confirming that the judge intended for Petitioner ...

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