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Washington v. Goetz

United States District Court, D. Colorado

February 8, 2019

KEVIN D. WASHINGTON, Applicant,
v.
C.R. GOETZ, Acting Warden, FCI-Florence, Respondent.

          ORDER DENYING APPLICATION FOR WRIT OF HABEAS CORPUS

          N. Reid Neureiter, United States Magistrate Judge.

         This matter is before this Court pursuant to the parties' unanimous consent to disposition of this action by a United States Magistrate Judge. (Dkt. #18.)[1]

         Applicant Kevin D. Washington is in the custody of the Bureau of Prisons (“BOP”) and is currently incarcerated at the Federal Correctional Institution in Florence, Colorado. On November 15, 2017, he submitted pro se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Dkt. #1), challenging the BOP's computation of his sentence. Specifically, he alleges that the BOP has unlawfully denied him 150 days of presentence confinement credit toward his federal sentence for the time he spent in federal custody from October 21, 2014 to March 10, 2015. (Id. at 2-3.)

         In response to the Court's Order to Show Cause (Dkt. #16), Respondent filed a “Response to Application for Writ of Habeas Corpus” on July 18, 2018, (Dkt. #19). Mr. Washington was given an opportunity to file a reply, but he did not do so.

         The Court must construe the Application and other papers filed by Mr. Washington 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 Application, the Response, and other 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:

• October 15, 2014, Mr. Washington was released from a 4-year term in Colorado State custody and started a 3-year term of state parole supervision. (Dkt. #19-1 at ¶ 7; Dkt. #19-4 at 1);
• October 21, 2014, Mr. Washington was arrested by state authorities in Colorado for violating the conditions of his state parole. His arrest resulted in a federal charge of Attempted Possession with Intent to Distribute 500 grams or More of Cocaine. (Dkt. #19-1 at ¶ 8; Dkt. # 19-5 at 1);
• December 18, 2014, Mr. Washington was transferred to federal custody pursuant to a federal writ of habeas corpus ad prosequendum. (Dkt. #19-1 at ¶ 9; Dkt. #19-6 and #19-7).
• March 10, 2015, the State of Colorado revoked Mr. Washington's state parole, which required him to serve a 3-year term of incarceration. The CDOC set October 15, 2014 as the commencement date for the sentence. (Dkt. #19-1 at ¶ 10; Dkt. #19-4);
• September 18, 2015, Mr. Washington's was sentenced in the U.S. District Court for the District of Colorado to a 60-month term of imprisonment to be served consecutive to his 3-year state parole revocation term. (Dkt. #19-1 at ¶ 11; Dkt. #19-5);
• September 24, 2015, Mr. Washington was returned to state custody. (Dkt. #19-1 at ¶ 12; Dkt. #19-6 at 2);
• February 23, 2016, Mr. Washington was released from state custody, on parole, to the exclusive custody of federal authorities. (Dkt. #19-1 at ¶ 13; Dkt. ...

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