Williams v. United States Bureau of Prisons

          ORDER DENYING APPLICATION FOR WRIT OF HABEAS CORPUS

          Kathleen M. Tafoya, United States Magistrate Judge

         This 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).

         Applicant 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.

         In 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).

         The 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.

         I. BACKGROUND

         The 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 probation warrant;

. 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 plate; and

. 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 id.

         In 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 ...