Burgess v. Warden

Background

Albert C. Burgess, Jr., representing himself, filed a petition under 28 U.S.C. § 2241 challenging disciplinary action taken at the federal prison where he is confined. A disciplinary officer found him in violation of a prison rule, removed 41 days of good-time credit that he had accrued toward early release, and restricted his commissary access. Burgess argued that imposing two punishments for one infraction violated the Double Jeopardy Clause. He primarily challenged the commissary restriction and sought restoration of his commissary access and good-time credits.

Magistrate Judge Elizabeth Cowan Wright conducted an initial review and recommended that the petition be dismissed. The recommendation gave two reasons: Burgess had not alleged that he completed the Bureau of Prisons’ administrative remedies, and a challenge focused on commissary access did not attack the fact or duration of his confinement, making habeas relief unavailable for that claim.

Analysis

District Judge Laura M. Provinzino reviewed Burgess’s timely objections from the beginning because he objected to the recommendation. Burgess acknowledged that he had not exhausted his administrative remedies. The court rejected his arguments that exhaustion should be excused because he believed the process would be futile or would take too long. The court explained that his belief that earlier grievances had been unsuccessful did not show that the Bureau of Prisons had predetermined this particular claim. It also concluded that the need for faster restoration of commissary access did not justify skipping exhaustion, because the commissary claim could not proceed through this habeas petition.

The court then considered the Double Jeopardy argument even though Burgess had not exhausted his administrative remedies. It held that the Double Jeopardy Clause does not apply to prison disciplinary proceedings and sanctions because they are not criminal in nature. The court therefore concluded that Burgess did not have a viable Double Jeopardy claim.

Disposition

The court found no error in the magistrate judge’s recommendation. It adopted the Report and Recommendation, overruled Burgess’s objections, and denied Burgess’s petition. The order did not restore his good-time credits or commissary access.