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United States v. Johnson

United States District Court, S.D. Georgia, Augusta Division

June 24, 2015

UNITED STATES OF AMERICA
v.
MELISHA L. JOHNSON

ORDER

Defendant Melisha L. Johnson has filed a "Motion Nunc Pro Tunc" through which she seeks credit against her federal sentence for time served in state and county facilities. Matters of credit for time served and other length of sentence determinations are better directed to the federal Bureau of Prisons ("BOP") and not this Court. Moreover, any judicial challenge to the BOP's decision must be brought under 28 U.S.C. § 2241 in the district of confinement rather than in the sentencing court. Fernandez v. United States, 941 F.2d 1488, 1495 (11th Cir. 1991). Accordingly, once Defendant exhausts his administrative remedies with the BOP, she must bring her § 2241 challenge in the Northern District of Alabama, which has territorial jurisdiction over the facility in which Defendant is presently incarcerated.

Upon the foregoing, Defendant's present motion (doc. no. 13 8) is hereby DENIED. The Clerk is directed to serve a copy of this Order upon Defendant at FCI Aliceville in Aliceville, Alabama.


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