United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE
the Court is a petition for writ of habeas corpus (28 U.S.C.
§ 2241) filed by pro se Petitioner Blake
Sandlain (“Sandlain”) (#12250-088).
Sandlain is an inmate in the custody of the Federal Bureau of
Prisons (“BOP”), incarcerated at the United
States Penitentiary in Pollock, Louisiana. Sandlain
challenges his criminal history score assigned by the BOP.
Sandlain's claim is not properly raised pursuant to
§ 2241, his petition should be dismissed for lack of
claims that his criminal history score was improperly
calculated by the BOP. Specifically, Sandlain alleges that
his criminal history score should be six rather than the
current score of 10. (Doc. 1).
Law and Analysis
Sandlain cannot obtain relief under §
2241 allows prisoners to challenge the fact or duration of
their confinement. See Preiser v. Rodriguez, 411
U.S. 475, 500 (1973). Sandlain challenges his custody
classification by the BOP, which has no impact on the fact or
duration of Sandlain's imprisonment. Therefore, the Court
lacks jurisdiction under § 2241. See Henrickson v.
Guzik, 249 F.3d 395, 397 n. 4 (5th Cir. 2001) (subject
matter jurisdiction not present under § 2241 when a
petitioner is not challenging the fact or duration of
confinement); Covington v. Fox, 1:11-cv-200, 2012 WL
860433, at *1 (E.D. Tex. Jan. 25, 2012), report and
recommendation adopted, 1:11-CV-200, 2012 WL 860422
(E.D. Tex. Mar. 13, 2012) (challenge to custody
classification is not properly raised in a § 2241
petition because it has no impact on the fact or duration of
v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), is the proper remedy for a
prisoner who is making a constitutional challenge to the
conditions of his prison life, but not to the fact or length
of his custody. See id.; Spencer v. Bragg,
310 Fed.Appx. 678, 679 (5th Cir. 2009) (where a prisoner
challenges an unconstitutional condition of confinement or
prison procedure, the proper vehicle is a civil rights action
if a determination in the prisoner's favor will not
automatically result in his accelerated release) (citing
Carson v. Johnson, 112 F.3d 818, 820-21 (5th Cir.
1997)). A challenge to any condition of Sandlain's
confinement must be raised in a Bivens action.
foregoing reasons, IT IS RECOMMENDED that
Sandlain's § 2241 petition be DISMISSED
without prejudice for lack of jurisdiction.
the provisions of 28 U.S.C. § 636(b)(1)(c) and
Fed.R.Civ.P. 72(b), parties aggrieved by this Report and
Recommendation have fourteen (14) calendar days from service
of this Report and Recommendation to file specific, written
objections with the Clerk of Court. A party may respond to
another party's objections within fourteen (14) days
after being served with a copy thereof. No. other briefs
(such as supplemental objections, reply briefs, etc.) may be
filed. Providing a courtesy copy of the objection to the
undersigned is neither required nor encouraged. Timely
objections will be considered by the District Judge before a
to file written objections to the proposed findings,
conclusions, and recommendations contained in this Report and
Recommendation within fourteen (14) days from the date of its
service, or within the time frame authorized by Fed.R.Civ.P.
6(b), shall bar an aggrieved party from attacking either the