Opinion
1:14-cr-00185-1
07-11-2024
UNITED STATES OF AMERICA, Plaintiff, v. KENNETH A. WHITE, Defendant.
ORDER [RESOLVING DOC. 278]
JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:
When the Court sentenced Defendant Kenneth White in this tax fraud case, the Court granted credit for time served. Defendant White says that the Bureau of Prisons improperly calculated his time served credit. Proceeding pro se, White asks the Court to order the Bureau to re-calculate White's time served credits.
Doc. 127 at PageID #: 901.
Doc. 278.
The Court does not have the general authority to calculate time served credits. The only way the Court can grant relief related to time served credits is under 28 U.S.C. § 2241.Therefore, the Court construes White's request as a § 2241 petition.
McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993) (citation omitted).
Id.; see also United States v. Peterman, 249 F.3d 458, 461 (6th Cir. 2001) (explaining that “§ 2241 is appropriate for claims challenging the execution or manner in which the sentence is served”).
However, “[§ 2241] jurisdiction lies in only one district: the district of confinement.”Here White is confined at FCI Gilmer in the Northern District of West Virginia. So, White was required to file his § 2241 petition in the Northern District of West Virginia.
Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004).
Doc. 278-1; Federal Bureau of Prisons, Find an Inmate, https://www.bop.gov/inmateloc/ (search for BOP Register Number “36473-060”) (last visited July 9, 2024); Federal Bureau of Prisons, FCI Gilmer, https://www.bop.gov/locations/institutions/gil/ (last visited July 9, 2024).
The Court DISMISSES White's motion, construed as a § 2241 petition, for lack of jurisdiction.
IT IS SO ORDERED.