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 a prisoner's petition challenging how the Bureau of Prisons calculated his First Step Act time credits.
Federal prisoners who are challenging the Bureau of Prisons' calculation of First Step Act time credits, particularly those who spent time in holdover or non-BOP facilities and claim they were improperly denied credits during those periods.
What happened
In Jamar Antron Kennedy v. Warden, FPC Duluth (No. 25-cv-2008), federal prisoner Jamar Antron Kennedy filed a petition asking a court to order the Bureau of Prisons (BOP) to recalculate the time credits he earned under the First Step Act — a federal law that allows prisoners to earn time off their sentences by completing approved rehabilitation and skills programs. Kennedy is serving a 144-month prison sentence for a drug conspiracy conviction. He argued that the BOP improperly denied him credits during certain periods of his incarceration.
Magistrate Judge Douglas L. Micko reviewed the petition and recommended dismissing it, finding no evidence that Kennedy actually participated in qualifying First Step Act programs during the three disputed time periods: (1) when he was held at a non-BOP facility after his October 2022 sentencing; (2) when he was a temporary 'holdover' inmate at FCI Victorville, a federal prison, before being transferred to FCI Herlong in January 2023; and (3) when he was again in holdover facilities between August and November 2024 while being moved to his current facility, FPC Duluth. Under the First Step Act, credits are only earned when a prisoner successfully completes approved programs — not simply by being incarcerated. Kennedy objected to Magistrate Judge Micko's recommendation.
After conducting its own independent review of the record, Judge Eric C. Tostrud agreed with Magistrate Judge Micko's analysis and conclusions. Judge Tostrud overruled Kennedy's objections, accepted the Report and Recommendation, denied Kennedy's petition, and dismissed the case without prejudice — meaning Kennedy is not barred from raising these issues again in a future filing if circumstances warrant.
The detailed version
- Jamar Antron Kennedy v. Warden, FPC Duluth · No. 0:25-cv-02008
- Eric Tostrud
- Mar. 4, 2026
Background
Petitioner Jamar Antron Kennedy, proceeding without a lawyer (pro se), filed a petition for a writ of habeas corpus — a legal mechanism by which a prisoner asks a court to review the lawfulness of their imprisonment or the conditions of their confinement. Kennedy is serving a 144-month 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).
Kennedy's petition challenged the Bureau of Prisons' (BOP) calculation of First Step Act Time Credits (FTCs). Under 18 U.S.C. § 3632(d)(4)(A), the First Step Act of 2018 allows eligible prisoners to earn time credits toward early release or transfer to supervised release by successfully completing evidence-based recidivism reduction (EBRR) programming or productive activities (PAs). The dispute concerned whether Kennedy was entitled to FTCs during three specific periods totaling up to 180 days.
The Three Disputed Periods
- Post-sentencing, non-BOP facility (October 12, 2022 – November 17, 2022): Kennedy was held in a non-BOP facility following his sentencing.
- Holdover status at FCI Victorville (November 17, 2022 – January 11, 2023): Kennedy was housed as a holdover inmate at FCI Victorville, a BOP facility, before arriving at his designated facility, FCI Herlong.
- Holdover facilities during transfer (August 15, 2024 – November 12, 2024): Kennedy was held in holdover facilities while being transferred to his current designated facility, FPC Duluth.
Magistrate Judge's Report and Recommendation
Magistrate Judge Douglas L. Micko issued a Report and Recommendation concluding that Kennedy's petition should be dismissed. Judge Micko found no evidence that Kennedy participated in any First Step Act-qualified programming during any of the three challenged periods. Under the statute, FTCs are earned only upon successful completion of qualifying programs — mere incarceration does not generate credits. Judge Micko noted that the maximum FTCs at issue across the disputed 180-day period would have been 90 days. The recommendation cited supporting district court precedent, including Solberg v. Eischen, No. 23-cv-3568, 2024 WL 3251713 (D. Minn. May 7, 2024), and Martinez v. Eischen, No. 24-cv-637, 2024 WL 1598772 (D. Minn. Apr. 12, 2024).
Objections and Response
Kennedy filed objections to the Report and Recommendation. The Respondent (the Warden) filed a response supporting adoption of the Report and Recommendation and denial of the petition in its entirety.
Court's De Novo Review and Ruling
Because Kennedy objected, Judge Tostrud was required under 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b)(3) to conduct a de novo (fresh, independent) review of the matter. After undertaking that review, Judge Tostrud concluded that Magistrate Judge Micko's analysis and conclusions were correct. Judge Tostrud departed from the Report and Recommendation in only one respect: rather than simply dismissing, he specified that the dismissal would be without prejudice.
Disposition
- Kennedy's objections are overruled. - The Report and Recommendation is accepted. - Kennedy's Petition for Writ of Habeas Corpus is denied. - The action is dismissed without prejudice, meaning Kennedy is not barred from raising these claims again in a future proceeding.
Key Legal Basis
The controlling statutory provision, 18 U.S.C. § 3632(d)(4)(A), requires that a prisoner "successfully completes evidence-based recidivism reduction programming or productive activities" to earn FTCs. The court found no evidence of such completion during any of the disputed periods, making the award of FTCs unavailable under the statute as written.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.