Aderhold

Aderhold v. Thomas

Good Law
271 F. App'x 690
United States Court of Appeals for the Ninth CircuitMarch 26, 2008No. 07-17257California370 words

Opinion

Lead Opinion

MEMORANDUM **

Brian William Aderhold, a federal prisoner, appeals from the district court’s judgment dismissing his 28 U.S.C. § 2241 habeas petition without prejudice for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s decision to dismiss a § 2241 petition, see United States v. Pirro, 104 F.3d 297, 299 (9th Cir.1997), and we affirm.

Aderhold contends that his constitutional rights were violated when the Bureau of Prisons (“BOP”) calculated his sentence without including credit for time he spent subject to conditions of pretrial supervision after he was released on his own recognizance pending trial. Aderhold concedes that he did not attempt to exhaust available administrative remedies regarding this claim with the BOP.

A federal prisoner is required to exhaust federal administrative remedies before bringing a habeas petition in federal court. See Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir.1986) (per curiam). We reject Ad-erhold’s contentions that he is excused from the exhaustion requirement because the BOP’s administrative remedy is inadequate and because the BOP is biased against him.…

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