Andrews v. Jury, No. 4:2021cv04003 - Document 17 (D.S.D. 2021)

Court Description: Opinion and ORDER granting 10 Motion to Dismiss. Signed by Chief Judge Roberto A. Lange on 07/21/2021. Sent to petitioner via USPS on 07/21/2021. (MSB) Modified on 7/21/2021 (MSB).

Download PDF
Andrews v. Jury Doc. 17 Case 4:21-cv-04003-RAL Document 17 Filed 07/21/21 Page 1 of 2 PageID #: 115 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION NOLAN ANDREWS, 4:21-CV-04003-RAL Petitioner, OPINION AND ORDER GRANTING vs. RESPONDENT'S MOTION TO DISMISS (AW)JURY, ACTING WARDEN; Respondent. On January 6, 2021, Nolan Andrews, an inmate at the Yankton Federal Prison Camp in Yankton, South Dakota, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. Doc. 1. This Court stayed the case until July 7, 2021, to allow Andrews to exhaust the administrative remedy process at the Bureau ofPrisons(BOP). Doc. 15. This Court will now consider Respondent's motion to dismiss for lack ofsubject matter jurisdiction, for failure to state a claim, and for failure to exhaust. Doc. 10. Andrews asks this Court to order the BOP to apply his First Step Act(FSA)earned time credits and credit him 330 days. Doc. 1 at 8. Under the FSA,time credits may be earned by eligible prisoners who successfully complete "evidence-basedfecidivism reduction programming" or "productive activities." 18 U.S.C. § 3632(d)(4)(A). The BOP has a phase-in period until January 15, 2022, to provide evidence-based recidivism programs and productive activities to all prisoners. Id. § 3621(h)(2)(emphasis added). In Holt v. Warden, this Court held that it cannot force the BOP to apply earned time credits toward prerelease custody before January 15, 2022. 2021 WL 1925503, at *5-6(D.S.D. May 13, 2021). Thus, an inmate that seeks Dockets.Justia.com Case 4:21-cv-04003-RAL Document 17 Filed 07/21/21 Page 2 of 2 PageID #: 116 to have the Court compel the BOP to apply the credits before January 15, 2022, does not have standing and his/her petition must be dismissed for lack of subject matter jurisdiction. See id. Here, Andrews seeks to have the Court order the BOP to apply his earned time credits. See Doc. 1 at 8. At this time, the Court cannot compel the BOP to apply earned time credits. Therefore, it is hereby ORDERED that Respondent's motion to dismiss for lack ofsubject matter jurisdiction. Doc. 10, is granted. DATED July 3/*^, 2021. BY THE COURT: ROBERTO A. LANGE CHIEF JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.