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Monk v. Mosley

United States District Court, D. South Carolina

March 9, 2018

Terry Dewayne Monk, Petitioner,
v.
B. Mosley, Warden, Respondent.

          REPORT AND RECOMMENDATION

          Kaymani D. West United States Magistrate Judge.

         Petitioner 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 granted.

         I. Background

         Petitioner 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 at 11.

         On June 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.

         On June 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.

         On July 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.

         Eleven 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.

         II. Procedural History

         Petitioner 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 ...

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