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Galloway v. Warden of F.C.I. Fort Dix

Citation: 358 F. App'x 301Docket: No. 09-3570

Court: Court of Appeals for the Third Circuit; December 23, 2009; Federal Appellate Court

Narrative Opinion Summary

Rashford Galloway appeals the denial of his habeas corpus petition under 28 U.S.C. § 2241 by the United States District Court for the District of New Jersey. Galloway, currently serving a 150-month sentence at the Federal Correctional Institution at Fort Dix, claimed he was not credited for time spent at the Northeast Ohio Correctional Center (NOCC). The District Court dismissed the petition, determining that Galloway's claims should have been raised under 28 U.S.C. § 2255 in the sentencing court. Additionally, the court noted that Galloway failed to exhaust his administrative remedies, a requirement for claims under § 2241. The court acknowledged uncertainty regarding Galloway's actual time at NOCC but assumed his confinement there. The appeal raises no substantial question, leading to the affirmation of the District Court's order.

Legal Issues Addressed

Affirmation of District Court's Order

Application: The appellate court affirmed the District Court's order as the appeal did not present any substantial questions.

Reasoning: The appeal raises no substantial question, leading to the affirmation of the District Court's order.

Assumptions Regarding Confinement Duration

Application: The court assumed Galloway's confinement at the Northeast Ohio Correctional Center despite uncertainty about the actual duration.

Reasoning: The court acknowledged uncertainty regarding Galloway's actual time at NOCC but assumed his confinement there.

Exhaustion of Administrative Remedies Requirement

Application: The court noted that the petitioner failed to exhaust his administrative remedies, which is a prerequisite for claims filed under 28 U.S.C. § 2241.

Reasoning: Additionally, the court noted that Galloway failed to exhaust his administrative remedies, a requirement for claims under § 2241.

Habeas Corpus Petition under 28 U.S.C. § 2241

Application: The court determined that the habeas corpus petition was improperly filed under 28 U.S.C. § 2241 as the claims should have been raised under 28 U.S.C. § 2255 in the sentencing court.

Reasoning: The District Court dismissed the petition, determining that Galloway's claims should have been raised under 28 U.S.C. § 2255 in the sentencing court.