Robertson v. United States Federal Bureau of Prisons

Background

Keith Robertson, who was incarcerated at FCI Otisville and proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241. He challenged the execution of his sentence, arguing that the wrong commencement date was being used to calculate his sentence credits under the First Step Act.

Reason for Dismissal

The court stated that Robertson had previously submitted an identical § 2241 petition, signed on the same date, in a case pending under docket number 25-CV-2481 (LTS). Because this petition was identical, the court determined that it appeared to have been submitted in error and that filing and litigating a duplicate lawsuit would serve no useful purpose.

Ruling and Other Orders

The court dismissed the petition without prejudice to Robertson’s pending case under docket number 25-CV-2481 (LTS). The clerk was directed not to charge Robertson the $5 filing fee for this action. The court noted that the filing fee, or an application to proceed without paying it, should be addressed in the pending case.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the required fees. The court also stated that no certificate of appealability would issue because the petition did not make a substantial showing of a denial of a constitutional right. The clerk was directed to enter judgment. The order dismissed this duplicate action and did not decide the sentence-credit challenge on its merits.