Giacomuzzi v. Carter
| Meghan Giacomuzzi |
| Warden, FMC Carswell, Ricardo R. Carter and Thomas Fischer |
| 4:2022cv40090 |
| August 3, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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| Filing 20 Copy re 18 Order on Motion for TRO, 17 Order on Motion to Dismiss, #19 Order Dismissing Case mailed to Meghan Giacomuzzi on 9/29/2022. (Pacho, Arnold) |
| Filing 19 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #6 Motion for TRO. (mkz) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #14 Motion to Dismiss. Petitioner Meghan Giacomuzzi was convicted on December 15, 2021, of drug-related charges and sentenced to 12 months and a day with three years of supervised release. See 18-cr-40044-TSH, Dkt. #92. According to the testimony of Sandra Hargesheimer, Supervisory Community Treatment Coordinator for the Federal Bureau of Prisons (BOP), petitioner Meghan Giacomuzzi was placed in a Residential Re-Entry Center (RRC) on April 26, 2022, and, on May 20, 2022, was placed on home confinement under the CARES ACT. Giacomuzzi earned 15 days of time credit -- her projected release date is October 28, 2022. See Dkt #15-4. Giacomuzzi filed this habeas writ asserting that the BOP miscalculated her time credits earned between February 4, 2022, and May 3, 2022, by 44 days. The government claims that because Giacomuzzi opted out of programming while at the RRC she was ineligible for additional time credits (RRC treatment specialists recommended that Giacomuzzi participate in mental health and substance abuse Giacomuzzi signed a refusal form, see Dkt #15-3). See 18 U.S.C. 3632(d)(4)(C); 28 C.F.R. 523.41(c)(1) (An inmate "must be 'successfully participating' in EBRR [Evidence-Based Recidivism Reduction] Programs or PAs [Productive Activities]" to earn credits.).The court, however, has no jurisdiction to consider the dispute where the petitioners administrative remedies are not fully exhausted. See Rogers v. United States, 180 F.3d 349, 356-357 (1st Cir. 1999). "Proper exhaustion of administrative remedies," as a prerequisite for a petition for habeas corpus relief from a prisoner's conditions of confinement, "means using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)." Woodford v. Ngo, 548 U.S. 81, 90 (2006) (internal quotations omitted). Giacomuzzi attempted to file two Regional Administrative Appeals with the Northeast Regional Office related to her sentence computation, however the appeals were rejected as she had failed to take the initial step in the process by filing a Request for Administrative Remedy with the RRM. See Hargesheimer Decl. 12, Ex. D; 28 C.F.R. 542.10 et seq. Giacomuzzi admits that she failed to fully exhaust the administrative remedies required to appeal any alleged miscalculation of her time credits ("Ultimately, the response to any Administrative Remedy filed by the Petitioner would have denied the relief she seeks, making the administrative procedure futile in Petitioner's case." Dkt #16 (Opp'n Mem. to Gov't's Mot. to Dismiss) at 2). While she argues exhaustion was unnecessary, Giacommuzi gives the court inadequate facts to support a futility exception. Accordingly, the court lacks jurisdiction over Giacommuzi's petition and the motion to dismiss is ALLOWED. (mkz) |
| Filing 16 Opposition re #14 MOTION to Dismiss filed by Meghan Giacomuzzi. (Pacho, Arnold) |
| Filing 15 MEMORANDUM in Support re #14 MOTION TO DISMISS as to Thomas Fischer by United States of America. (Attachments: #1 Exhibit 1 Harsheimer decl, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit 2 Giddings decl)(Kanwit, Thomas) Modified on 9/7/2022 (Maynard, Timothy). |
| Filing 14 MOTION TO DISMISS as to Thomas Fischer by United States of America. (Kanwit, Thomas) Modified on 9/7/2022 (Maynard, Timothy). |
| Filing 13 Copy re 12 Order on Motion to Substitute Party, 11 Order on Motion for Extension of Time to File Response mailed to Meghan Giacomuzzi on 8/25/2022. (Pacho, Arnold) |
| Filing 12 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Motion to Substitute Party. Thomas Fischer (Residential Re-Entry Manager) added. Ricardo R. Carter (Chief United States Probation Officer, District of Massachusetts) terminated. (Pacho, Arnold) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 MOTION for Extension of Time to September 1, 2022 to File Response to #1 Petition for Writ of Habeas Corpus (2241). (Pacho, Arnold) |
| Filing 10 MOTION to Substitute Party Defendant by Ricardo R. Carter, Warden, FMC Carswell.(Kanwit, Thomas) |
| Filing 9 MOTION for Extension of Time to 9/1/22 to File Response/Reply as to #1 Petition for Writ of Habeas Corpus (2241) by Ricardo R. Carter, Warden, FMC Carswell.(Kanwit, Thomas) |
| Filing 8 NOTICE of Appearance by Thomas E. Kanwit on behalf of Ricardo R. Carter (Kanwit, Thomas) |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Immediate Release, Temporary Restraining Order, and Preliminary Injunctive Relief filed by Meghan Giacomuzzi. (Attachments: #1 Exhibits) (Pacho, Arnold) |
| Filing 6 MOTION for Immediate Release, Temporary Restraining Order, and Preliminary Injunctive Relief by Meghan Giacomuzzi. (Pacho, Arnold) |
| Filing 5 Filing fee/payment: $ 5.00, receipt number 1BST090667 for #1 Petition for Writ of Habeas Corpus (2241) (Phillips, Sophie) |
| Filing 4 Judge Richard G. Stearns: ORDER entered. SERVICE ORDER re 2241 Petition. the Court will substitute Ricardo R. Carter, the Chief United States Probation Officer for the District of Massachusetts, as the respondent. The clerk shall serve a copy of the petition upon the respondent and the United States Attorney for the District of Massachusetts.The respondent shall, no later than twenty-one (21) days from the date of this order, file a response to the petition. (PSSA, 3) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Danieli, Chris) |
| Filing 2 MEMORANDUM IN SUPPORT OF PETITION by Meghan Giacomuzzi. (Attachments: #1 Exhibit 1-6)(Barrows, Jennifer) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Meghan Giacomuzzi. (Attachments: #1 Envelope)(Barrows, Jennifer) |
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