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Garrett v. Maiorana

United States District Court, W.D. Louisiana, Lake Charles Division

April 20, 2015

KADRICK D. GARRETT: BOP #XXXXX-XXX,
v.
C. MAIORANA

REPORT AND RECOMMENDATION

KATHLEEN KAY, Magistrate Judge.

Before the court is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 by pro se petitioner Kadrick D. Garrett (hereinafter "Garrett"). Garrett is an inmate in the custody of the Federal Bureau of Prisons and is incarcerated at the Federal Correctional Institute in Oakdale, Louisiana ("FCIO"). This matter was referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. § 636 and the standing orders of the Court.

For the following reasons it is recommended that the petition be DISMISSED WITH PREJUDICE.

I.

BACKGROUND

Garrett claims that he is entitled to credit against his federal sentence for time served in the custody of the United States Marshals Service (hereinafter "USMS"). Documentation provided by Garrett shows that he was arrested in Mississippi on April 15, 2010, and was released on bond on April 20, 2010. Doc. 1, att. 2, p. 10. He was then arrested in Louisiana on June 15, 2010, on marijuana charges. Id. Garrett was sentenced in the twenty-Second Judicial District Court in Washington Parish, Louisiana, to three years imprisonment with credit for time served. Id.

On February 1, 2011, Garrett was temporarily released to the custody of the USMS pursuant to a federal writ. Id. On October 11, 2012, while on federal writ, he was released on parole from Louisiana authorities to the USMS based on the federal charge. Id. He was sentenced on April 19, 2013, in the United States District Court for the Eastern District of Louisiana, to 115 months imprisonment for the distribution of cocaine base. Id. The federal judgment recommended that he receive credit for time served beginning February 2, 2011. Doc. 1, att. 2, p. 14.

Herein, Garrett claims that he should receive credit towards his federal sentence for the time that he spent in federal custody from February 2, 2011, through April 10, 2013. Doc. 1, att. 1, p. 3.

I.

LAW AND ANALYSIS

A. Proper Remedy

A federal prisoner may challenge the manner in which his sentence is being executed by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the judicial district where he is incarcerated. See Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir.2001) and Preiser v. Rodriguez, 411 U.S. 475, 484 (1973) (explaining that the function of habeas corpus is to secure immediate or speedier release from unlawful imprisonment).

However, in order to state a claim for relief pursuant to 28 U.S.C. § 2241, a habeas petitioner must allege and establish that he is in custody in violation of the ...


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