Kretser v. Andrews, No. 1:2020cv00100 - Document 14 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 8/4/2020. (rban, copy mailed)
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Kretser v. Andrews Doc. 14 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 1 of 15 PageID# 176 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Karl David Krester, Jr., Petitioner, ) ) V. ) ) J. Andrews, Respondent. ) ) ) l:20cvl00(LO/JFA) MEMORANDUM OPINION Federal inmate Karl David Krester, Jr.("Krester" or "petitioner") filed a 28 U.S.C. ยง 2241 petition for a writ of habeas corpus alleging that the Bureau of Prisons("BOP")violated his due process rights by failing to provide him with a copy ofa Discipline Hearing Officer's ("DHO")report in a timely fashion following a hearing, which prevented him from filing an administrative appeal' with the BOP.^ Respondent filed a motion to dismiss[Dkt. No. 10], with a brief in support and exhibits, and provided petitioner with the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975). [Dkt. No. 10-1]. Petitioner has filed a response and the matter is now ripe for adjudication. For the reasons stated below, respondent's motion to dismiss must be granted, and the underlying petition must be dismissed. I. Background Krester is presently detained at FCl-Petersburg and has a release date of July 24, 2032. Dkt. No. 11 at 2. On August 29,2019, petitioner was charged with a violation of BOP ' Krester intended to raise four issues in an administrative appeal: 1)his loss ofgood time credits and telephone privileges; 2)that he was denied evidence during his hearing; 3)that he received an "illegal sentence;" and 4)that he was denied a staff representative. See Dkt. Nos. 1 at 6; 1-1 at 2; 1-2 at 3. ^ In his petition, petitioner spells his last name "Kretser." The BOP website does not list an inmate with the last name of"Kretser" but does list "Karl David Krester" with the same prisoner number listed in the present petition. Respondent and all ofthe BOP documents also spell petitioner's last name "Krester." Accordingly,"Krester" is used in this opinion. Dockets.Justia.com Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 2 of 15 PageID# 177 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 3 of 15 PageID# 178 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 4 of 15 PageID# 179 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 5 of 15 PageID# 180 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 6 of 15 PageID# 181 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 7 of 15 PageID# 182 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 8 of 15 PageID# 183 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 9 of 15 PageID# 184 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 10 of 15 PageID# 185 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 11 of 15 PageID# 186 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 12 of 15 PageID# 187 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 13 of 15 PageID# 188 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 14 of 15 PageID# 189 Case 1:20-cv-00100-LO-JFA Document 14 Filed 08/04/20 Page 15 of 15 PageID# 190
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