Jamar Antron Kennedy v. Warden, FPC Duluth
- Eric Tostrud
- 0:25-cv-02008
- U.S. District Court · District of Minnesota
- 3
In Kennedy v. Warden, FPC Duluth, Judge Tostrud dismissed without prejudice the petition filed by Jamar Antron Kennedy, a federal prisoner who argued that the Bureau of Prisons had miscalculated the time credits he earned under the First Step Act, finding no evidence that he participated in qualifying programs during the disputed periods.
Federal prisoners serving sentences who seek to challenge the Bureau of Prisons' calculation of First Step Act time credits, particularly those who spent time in non-designated or temporary holdover facilities and believe they are owed credits for those periods.
What happened
In Kennedy v. Warden, FPC Duluth (File No. 25-cv-2008), Jamar Antron Kennedy, a federal prisoner serving a 144-month sentence for a drug conspiracy conviction, filed a self-represented petition asking the court to order the Bureau of Prisons (BOP) to recalculate the time credits he earned under the First Step Act. The First Step Act allows prisoners to earn time credits by successfully completing approved rehabilitation programs and productive activities, and Kennedy argued that the BOP had shortchanged him on those credits during certain time periods.
A magistrate judge, Douglas L. Micko, reviewed the case and recommended denying the petition. Judge Micko found that for the three periods Kennedy disputed — a brief stay in a non-BOP facility after sentencing, a stint at a BOP facility where he was held temporarily while being transferred, and another period in temporary holding facilities during a later transfer — there was no evidence that Kennedy had actually participated in any First Step Act-qualifying programs. Without proof of successful participation in such programs, the law does not require the BOP to award credits. The maximum possible credits at issue covered a 180-day window, meaning no more than 90 days of credits were in dispute.
Kennedy filed written objections to the magistrate judge's report. After reviewing the case from scratch (called a de novo review), Judge Tostrud agreed with Judge Micko's analysis and conclusions, overruled Kennedy's objections, and denied the petition. The case was dismissed without prejudice, meaning Kennedy is not permanently barred from raising these or related claims again if circumstances change.
The detailed version
Case: Jamar Antron Kennedy v. Warden, FPC Duluth, File No. 25-cv-2008 (ECT/DLM), United States District Court, District of Minnesota. Presiding District Judge: Eric C. Tostrud. Referring Magistrate Judge: Douglas L. Micko.
Background
Petitioner Jamar Antron Kennedy, proceeding pro se (representing himself without an attorney), filed a petition for a writ of habeas corpus — a legal action challenging the lawfulness of a prisoner's confinement or the conditions thereof. Kennedy is serving a 144-month federal sentence for Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, in violation of 21 U.S.C. §§ 2 and 841(a)(1). He challenged the Bureau of Prisons' (BOP) calculation of his First Step Act Time Credits (FTCs).
Legal Framework
Under the First Step Act, codified at 18 U.S.C. § 3632(d)(4)(A), federal prisoners earn FTCs by successfully completing 'evidence-based recidivism reduction programming or productive activities.' These credits can be applied toward early release or transfer to prerelease custody. The operative requirement is successful completion of qualifying programming.
Disputed Periods
The dispute concerned three periods totaling 180 days, meaning the maximum FTCs at stake were 90 days (credits are earned at a rate of one day per two days of qualifying programming for most prisoners). The three periods were: (1) from Kennedy's sentencing on October 12, 2022, through November 17, 2022, when he was housed in a non-BOP facility; (2) from November 17, 2022, through January 11, 2023, when he was housed at FCI Victorville, a BOP facility, but as a holdover (temporary transfer) inmate; and (3) from August 15, 2024, through November 12, 2024, when he was housed in holdover facilities during transfer to his current designated facility, FPC Duluth.
Magistrate Judge's Report and Recommendation
Magistrate Judge Micko recommended dismissing the petition, finding that there was no evidence Kennedy had participated in any First Step Act-qualifying programs during any of these three periods. Without proof of successful participation in eligible programming, FTCs cannot be awarded under the statute.
Objections and De Novo Review
Kennedy filed objections to the Report and Recommendation. The respondent (Warden) responded, supporting adoption of the Report. Because Kennedy objected, District Judge Tostrud was required under 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b)(3) to conduct a de novo review — an independent, fresh examination of the record and legal conclusions without deference to the magistrate judge.
Ruling
After completing de novo review, Judge Tostrud agreed with Judge Micko's analysis and conclusions. Kennedy's objections were overruled. The petition was denied, and the action was dismissed without prejudice. A dismissal without prejudice means the case is closed but Kennedy is not permanently barred from bringing a new action raising these or related claims in the future if circumstances warrant.
Order
(1) Kennedy's objections are overruled; (2) the Report and Recommendation is accepted; (3) the habeas corpus petition is denied; and (4) the action is dismissed without prejudice. Judgment was ordered to be entered accordingly.
Date of Order: March 4, 2026. Signed by United States District Judge Eric C. Tostrud.
Reviewer note from the AI+
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