Thomason v. Guzik ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11430
Summary Calendar
WILLARD THOMASON,
Petitioner-Appellant,
versus
ROBERT GUZIK, Warden Federal Medical Center,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CV-357-P
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July 11, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Willard Thomason, federal prisoner No. 15433-008, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 petition
for failure to exhaust his administrative remedies with the
Bureau of Prisons (BOP). Thomason moves this court for
permission to file a traverse out of time, to supplement the
record, for a declaratory judgment, and for permission to file a
supplemental reply brief. We GRANT the motions to file a
traverse and to supplement the record and DENY the motions for a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 99-11430
-2-
declaratory judgment and permission to file a supplemental reply
brief.
Thomason argues that the BOP has wrongfully denied him
credit on his federal sentence for time served in the custody of
the State of Ohio. A federal prisoner must "exhaust his
administrative remedies before seeking habeas relief in federal
court under 28 U.S.C. § 2241." Fuller v. Rich, 11 F.3d 61, 62
(5th Cir. 1994); see Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir.
1993). Thomason does not dispute that he failed to exhaust his
administrative remedies with the BOP prior to seeking § 2241
relief in the district court. United States v. Wilson, 503 U.S.
329, 331-35 (1992); see 28 C.F.R. §§ 542.10-542.18. As he has
failed to demonstrate extraordinary circumstances which would
warrant a waiver of the exhaustion requirement, we AFFIRM the
district court’s dismissal of the petition for failure to exhaust
administrative remedies. See Fuller, 11 F.3d at 62.
AFFIRMED. MOTIONS TO FILE TRAVERSE OUT OF TIME AND TO
SUPPLEMENT THE RECORD GRANTED. MOTIONS FOR DECLARATORY JUDGMENT
AND TO FILE SUPPLEMENTAL REPLY BRIEF DENIED.