United States District Court, D. Colorado
CARLIN Q. WILLIAMS, Applicant,
UNITED STATES BUREAU OF PRISONS, and JOE MOORHEAD, Warden, Respondents.
ORDER DENYING APPLICATION FOR WRIT OF HABEAS
Kathleen M. Tafoya, United States Magistrate Judge
matter is before this Court pursuant to the Order of
Reference (ECF No. 24), and the parties' unanimous
consent to disposition of this action by a United States
Magistrate Judge (ECF No. 23).
Carlin Q. Williams is a prisoner in the custody of the
Federal Bureau of Prisons (“BOP”) currently
incarcerated at the United States Penitentiary,
Administrative Maximum, in Florence, Colorado. He has filed
pro se an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 (ECF No. 6) challenging the
BOP's computation of his sentence. He specifically claims
that the BOP has unlawfully denied him 241 days of
presentence confinement credit toward his federal sentence
for the time he spent in federal custody from July 3, 2013 to
April 21, 2014.
response to the Court's Order to Show Cause (ECF No. 15),
Respondents filed a “Response to Application for Writ
of Habeas Corpus” (ECF No. 19), and Mr. Williams filed
a “Rebuttal to Respondents Response to Application for
Writ of Habeas Corpus” (ECF No. 26).
Court must construe the Application and other papers filed by
Mr. Williams liberally because he is not represented by an
attorney. See Haines v. Kerner, 404 U.S. 519, 520-21
(1972) (per curiam); Hall v. Bellmon, 935 F.2d 1106,
1110 (10th Cir. 1991). However, the Court should not be an
advocate for the pro se litigant. See Hall,
935 F.2d at 1110. After reviewing the pertinent portions of
the record in this case, the Court will deny the Application
for the reasons set forth below.
record establishes the following relevant facts. In 2011 and
2012, officers of the Kansas City Police Department arrested
Mr. Williams on:
. July 8, 2011 for stealing a motor vehicle
and resisting arrest;
. August 17, 2011 for simple assault and
. October 21, 2011 for resisting arrest;
. February 20, 2012 for resisting arrest,
driving while license revoked, fleeing/attempt to elude
police, defective equipment, and improper display of license
. April 22, 2012 for obstruction.
See ECF No. 19-4; ECF No. 19-5; ECF No. 19-6. On
June 1, 2012, Mr. Williams was convicted in Missouri state
court in case numbers 1216-CR00150 (stealing a motor
vehicle), 1016- CR05215 (probation violation), and
1216-CR01202 (resisting arrest and driving while revoked).
See ECF No. 19-6. He was sentenced to a three-year
concurrent prison term in the custody of the Missouri
Department of Corrections (“MDOC”). See
2013, while Mr. Williams was a state prisoner in custody of
the MDOC, he was indicted for violation of federal law in
United States v. Williams, Case Number 13-cr-00131-
FJG-1 (W.D. Mo. Apr. 4, 2013). On June 19, 2013, Mr. Williams
was taken into federal custody on a writ of habeas corpus ad
prosequendum, and transferred to the ...