Jindra v. Yankton FPC Warden, No. 4:2021cv04124 - Document 4 (D.S.D. 2021)
Court Description: OPINION AND ORDER DISMISSING PETITIONER'S PETITION Signed by Chief Judge Roberto A. Lange on July 21, 2021. (Sent to Zachariah Adam Jindra) (DLC)
Download PDF
<![CDATA[
Jindra v. Yankton FPC Warden Doc. 4 Case 4:21-cv-04124-RAL Document 4 Filed 07/21/21 Page 1 of 2 PageID #: 12 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION ZACHARIAH ADAM JINDRA, 4:21-CV-04124-RAL Plaintiff, OPINION AND ORDER DISMISSING PETITIONER'S PETITION vs. YANKTON FPC WARDEN, Defendant. On July 19, 2021,Zachariah Adam Jindra, an inmate at the Yankton Federal Prison Camp in Yankton, South Dakota, filed his second petition for writ of habeas corpus under 28 U.S.C. § 2241. Doc. 1. He moves for leave to proceed in forma pauperis. Doc. 2. In his first petition, this Court dismissed Jindra's petition for lack ofsubject matter jurisdiction and entered judgment against Jindra. See Jindra v. FPC Yankton. Warden. 4:21-CV-04113-RAL, Doc.6 (July 12, 2021). Generally, a district court screens petitions and dismisses the petition when it "plainly appears from the petition ... that the petitioner is not entitled to reliefin the district court[.]" Rule 4 of the Rules Governing Section 2254 Cases; see Rule 1(b) of the Rules Governing Section 2254 Cases (extending the screening rule to petitions filed under § 2241). A postconviction motion such as this one that attacks the execution of a sentence and not the legality of the sentence must be brought in a petition pursuant to 28 U.S.C. § 2241 in the district where the defendant is incarcerated. See 28 U.S.C. §§ 2241,2255; Rumsfeld v. Padilla. 542 U.S. 426,442 (2004). Jindra brought his petition in the correct district in that he is imprisoned in Yankton, South Dakota. Doc. 1 at 1. Dockets.Justia.com Case 4:21-cv-04124-RAL Document 4 Filed 07/21/21 Page 2 of 2 PageID #: 13 Jindra asks this Court to order the Bureau ofPrisons(BOP)to apply his First Step Act (PSA)earned time credits and "convert [his] remaining sentence to the maximum amount of(1) supervised release and any remainder towards home confinement." Doc. 1 at 6. Under the PSA, time credits may be earned by eligible prisoners who successfully complete "evidence-based recidivism reduction programming" or "productive activities." 18 U.S.C. § 3632(d)(4)(A). The Bureau of Prisons(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 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 ofsubject matter jurisdiction. See id. Here, Jindra seeks to have the Court order the BOP to apply his earned time credits. Doc. 1 at 6. At this time, the Court cannot compel the BOP to apply earned time credits. Jindra's petition is dismissed for lack ofsubject matter jurisdiction. Therefore, it is hereby ORDERED that Jindra's motion for leave to proceed in forma pauperis. Doc. 2, is denied as moot. It is finally ORDERED that Jindra's petition is dismissed for lack ofsubject matter jurisdiction. 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.
