Ryan Michael Spencer v. Michael Carvajal

Background

On April 6, 2020, the Court received Petitioner Ryan Michael Spencer’s (“Petitioner”) Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 by a Person in Federal Custody (“Petition”). (Pet., ECF No. 1.) The Court deemed the Petition filed on April 7, 2020. The Petition alleges one ground for federal habeas relief: that the Federal Bureau of Prisons (“BOP”) exceeded its authority in designating the United States Penitentiary-Lompoc (“USP-Lompoc”) as Petitioner’s location of confinement. (Id., at 3.) Petitioner alleges that prison staff informed him that he would not be safe in the USP-Lompoc prison yard because the inmates have a “policy” of assaulting sexual offenders. (Id.) Thus, Petitioner claims that his placement at USP-Lompoc violates the BOP’s “duty to protect, safekeep, and properly designate me by law.” (Id.)

On June 12, 2020, Respondent Michael Carvajal (“Respondent”) filed a Motion to Dismiss the Petition (“Motion to Dismiss”), arguing that the Petition must be dismissed because Petitioner failed to exhaust his administrative remedies, and does not state a cognizable habeas claim. (Mot. to Dismiss, ECF No. 12.) On August 18, 2020, the…