Benjamin Schwarz v. Erwin Meinberg

MEMORANDUM

Federal prisoner Benjamin Schwarz appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 ha-beas petition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Schwarz’s habeas petition challenges the Bureau of Prisons’ refusal, on the basis of his Canadian nationality, to designate him to serve his sentence in a prison camp. He further asserts that unsanitary toilet conditions at his prison facility violate the Eighth Amendment. We need not resolve whether the district court properly dismissed the petition without prejudice on the basis that the claims should have been brought in an action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). In either ease, Schwarz was required to exhaust his administrative remedies before proceeding with his claims in federal court. See Terrell v. Brewer, 935 F.2d 1015, 1019 (9th Cir.1991) (Bivens action); Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir.1986) (per curiam) (§ 2241 petition). Schwarz has not exhausted his administrative remedies with respect to his camp designation claim because he failed to complete his final…