United States District Court, D. South Carolina
REPORT AND RECOMMENDATION
Kaymani D. West United States Magistrate Judge.
Terry Dewayne Monk (“Petitioner”), a federal
prisoner, filed this pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. Respondent filed a
Motion to Dismiss or alternatively a Motion for Summary
Judgment on October 17, 2017. ECF No. 14. Under Roseboro
v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court
advised Petitioner of the summary judgment and dismissal
procedures and the possible consequences if he failed to
respond adequately to Respondent's Motion. ECF No. 15.
Petitioner filed a Response in Opposition to Respondent's
Motion on December 18, 2017. ECF No. 26. This matter is
before the court pursuant to 28 U.S.C. § 636(b)(1)(B)
and Local Civil Rule 73.02(B)(2)(c) DSC, for a Report and
Recommendation. Having carefully considered the parties'
submissions and the record in this case, the undersigned
recommends that Respondent's Motion, ECF No. 14, be
is incarcerated at the U.S. Penitentiary in Marion, Illinois.
ECF No. 27, 29. At the time he filed his petition for a writ
of habeas corpus, Petitioner was incarcerated at the Federal
Correctional Institution (FCI) in Edgefield, South Carolina.
ECF No. 1 at 1. On March 14, 2014, the Van Zandt County
Sheriff's Department arrested Petitioner in Willis Point,
Texas for Manufacture/Delivery of a Controlled Substance
(Case Number CR14-00234), Prohibited Weapon (CR14-00235),
Evading Arrest with a Vehicle (CR14-00236), and arrest
warrants from Hunt and Dallas Counties in Texas. ECF No. 14-1
5, 2014, the United States Marshal Service
(“USMS”) temporarily removed Petitioner from
state custody on a writ of habeas corpus ad prosequendum.
Id. at 15. On February 10, 2015, the U.S. District
Court for the Eastern District of Texas sentenced Petitioner
to a 71-month term of imprisonment for Felon in Possession of
a Firearm in Case No. 6:14-CR-00034-001. Id. at
17-22. The court ordered that the “Defendant receive
credit for time from 3.14.2014 [March 14, 2014] when arrested
on related State charges.” Id. at 18. On
February 20, 2015, following the federal proceedings, the
USMS returned Petitioner to Van Zandt County authorities.
Id. at 23. The USMS filed a Detainer Based on
Federal Judgment and Commitment with the Van Zandt County
Sheriff's Office on February 19, 2015. Id. at
17, 25. On February 26, 2015, the Van Zandt County Jail
acknowledged receipt of the federal detainer lodged against
Petitioner. Id. at 25.
30, 2015, the 294th Judicial District Court, Van
Zandt County, Texas, dismissed all state charges in Case
Nos.: CR14-00234, CR14-00235, and CR14-00236. Id. at
12-14. Petitioner remained in state custody on outstanding
warrants from Hunt and Dallas Counties and the lodged federal
detainer, and on July 6, 2015, Van Zandt County released
Petitioner to the custody of Hunt County. Id. at 28.
The Prisoner Transfer Report from the Van Zandt County
Sheriff's Department to Hunt County indicated Petitioner
had charges pending for Dallas County and a detainer lodged
by the USMS and that a hold should be placed. Id.
8, 2015, Hunt County transferred Petitioner to the custody of
Dallas County for Evading Arrest/Detention in Docket No: MA
11321103 and Theft/Revoke Probation in Docket No.: MA1072494.
Id. at 20, 29, 36. On July 13, 2015, the Dallas
County Felony and Misdemeanor Court sentenced Petitioner to a
30-day term of imprisonment in Docket No.: MA1321103.
Id. at 30-31. The Dallas County Court ordered he
receive 10 days jail credit and 20 days good time credit.
Id. The Court also sentenced Petitioner to an 18-day
term of imprisonment in Docket No.: MA1072494. Id.
at 37. The Court ordered he receive 6 days credit and for
this term to run concurrently with Docket No.: MA1321103.
Id. On July 13, 2015, Dallas County released
Petitioner to the community with a disposition of time
served. Id. Petitioner's release at this time
was erroneous as he should have been released to the custody
of the USMS to begin his 71-month period of federal
incarceration. Id. at 29.
months later, on June 14, 2016, the Dallas County
Sheriff's Department arrested Petitioner on the
USMS's federal detainer. Id. at 29. Two days
later, on June 16, 2016, Dallas County transferred Petitioner
to the exclusive custody of the USMS to begin his federal
sentence. Id. at 15. The Bureau of Prisons
(“BOP”) prepared a sentence computation for
Petitioner based on the 71-month term of imprisonment in Case
No. 6:14-CR-00035-LED-KNM beginning on June 16, 2016, the
date he was received into exclusive federal custody.
Id. at 44-45. According to the BOP's
calculation, Petitioner received prior custody credit for the
following dates: March 14, 2014, (date of state related
arrest) through July 7, 2015, (day before Dallas County
imposed sentence); and June 14, 2016, (day re-arrested by
Dallas County on federal warrant), through June 15, 2016,
(the day before Dallas County released Petitioner to
exclusive federal custody). Id. at 45.
alleges that he properly appealed the BOP's computation
of his sentence while being housed at FCI Beaumont, Texas and
thereby exhausted his remedies by filing a Central Office
Administrative Remedy Appeal with the Federal Bureau of
Prisons that he signed December 9, 2016 and that was stamped
as received by the BOP on December 27, 2016. ECF No. 1-2 at
2. In “Part A - REASON FOR APPEAL”, Petitioner
states the following:
I would like to appeal the decision of BP-230. I was not
sentenced by state to any sentence, as the BP-230 claims. My
J&C ordered my federal sentence of 71 months to start
03-14-2014, and run continuous until complete. BOP has taken
their own policy, against what I was sentenced to by federal
court. My projected release date should be 05.18. 2019 with
Good Conduct Time. I was in no way responsible for the
erroneous release by Dallas County because the BOP and U.S.
Marshals failed to lodge a detainer for my arrest to federal
custody. Furthermore, I informed Dallas County I was supposed
to go to U.S. Marshals and BOP. Dallas County informed me
that an NCIC showed no holds or warrants, and made me leave
Dallas County Jail.
Id. On February, 17, 2017, the BOP denied
Petitioner's appeal and provided the following rationale:
This is in response to your Central Office Administrative
Remedy Appeal wherein you request credit be applied toward
your sentence for the time you were erroneously released from
custody from July 14, 2015, through June 13, 2016.
A review of your record revealed that on March 14, 2014, you
were arrested by Texas state authorities for
Manufacture/Delivery of a Controlled Substance, Possession of
a Prohibited Weapon, and Evading Arrest with a Vehicle.
On June 5, 2014, you were temporarily removed from state
custody by the United States Marshals Service (USMS) on a
writ of habeas corpus ad prosequendum. On February 10, 2015,
you were sentenced in United States District Court, Eastern
District of Texas, to a 71-month term of imprisonment and 3
years supervised release. The respective judgment ordered
that you receive credit for time from March 14, 2015 [sic].
On February 20, 2015, you were returned to the Van Zandt
County Jail upon satisfaction of the Writ and a detainer was
lodged based on the federal judgment and commitment order.
On July 13, 2015, you received a 30-day sentence in Dallas
County Criminal Court, Case No. M-1321103, for Evading
Arrest. Your 30-day sentence was completed on the same day it
was imposed and Dallas County Officials released you from
custody. You remained in the community unsupervised until
June 14, 2016, when you were arrested by Law Enforcement
Officers from the Dallas Police Department on a federal
warrant for failure to serve your federal sentence.
Subsequently you were turned over to the USMS on June 16,
2016, and your federal sentence commenced.
Bureau of Prisons Program Statement 5880.28, Sentence
Computation Manual (CCCA of 1984), and the provisions of
Title 18 U.S.C. § 3585(a) states, “A sentence to a
term of imprisonment commences on the date the defendant is
received in custody awaiting transportation to, or arrives
voluntarily to commence service at, the official detention
facility at which the sentence is to be served.” As a
result, your federal sentence commenced on June 16, 2016, the
date you were taken into custody by the USMS.
Title 18 U.S.C. § 3585(b), states in part: “A
defendant shall be given credit toward the service of a term
of imprisonment for any time he has spent in official
detention prior to the date the sentence commences, as a
result of the offense for which the sentence was imposed or
as a result of any other charge for which the defendant was
arrested after the commission of the offense for which the
sentence was imposed, that has not been credited against
another sentence.” In your case, prior custody credit
is applied from March 14, 2014, the original date of arrest,
through July 13, 2015, the date you were released by state
authorities, and June 14, 2016, through June 15, 2016, the
day before the federal sentence commenced.
Your sentence has been computed as directed by federal
statute, the Sentencing Court's intent, and Bureau of
Prisons Program Statement 5880.28, Sentence ...