Little v. Hopkins
| Decision Date | 21 January 1981 |
| Docket Number | No. 80-1318,80-1318 |
| Parties | James E. LITTLE, Petitioner-Appellant, v. Hal HOPKINS, Warden, and Harold Williams, Unit Manager, Respondents-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
James E. Little, Memphis, Tenn., William J. Dammarell, Cincinnati, Ohio, for petitioner-appellant.
W. J. Michael Cody, U. S. Atty., W. James Ellison, Asst. U. S. Atty., Memphis, Tenn., for respondents-appellees.
Before BROWN, KENNEDY and BOYCE F. MARTIN, Jr., Circuit Judges.
This is an appeal from a judgment of the District Court dismissing a petition for a writ of habeas corpus. Petitioner was a prisoner in the Federal Correctional Institution in Memphis, Tennessee. His petition sought review and revocation of a Bureau of Prisons disciplinary proceeding in which he was sanctioned for engaging in business activities in violation of BOP regulations and the return of some documents confiscated by the BOP. Petitioner sought habeas relief in spite of his failure to exhaust his administrative remedies, arguing that the imminency of his parole hearing excused his non-compliance with that prerequisite to habeas relief.
Petitioner was charged with the following prohibited acts: 701 "Unauthorized use of mail or telephone;" 702 "Unauthorized contacts with the public;" and 801 "Attempting to commit any of the above offenses ...." However, it was determined at the disciplinary hearing that petitioner was not guilty of acts 701 and 702, but was guilty of act 703 ("Correspondence or conduct with a visitor in violation of posted regulations") and 801. Petitioner claims that he had no notice of the charge of which he was found guilty, and that therefore he was denied his constitutional right to procedural due process.
The District Court dismissed the petition because petitioner failed to exhaust his available administrative remedies within the BOP. Petitioner contends here that he should not have been required to use administrative channels to clear his record of an improper charge because he could not have done so before his parole hearing. We disagree.
It is well established that federal prisoners complaining of events or conditions relating to their custody must exhaust their administrative remedies before habeas relief may be granted. See, e. g., Guida v. Nelson, 603 F.2d 261, 262 (2nd Cir. 1979); United States ex rel. Sanders v. Arnold, 535 F.2d 848, 851 (3rd Cir. 1976); Willis v. Ciccone, 506...
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Colton v. Ashcroft
...are required to exhaust administrative remedies before filing a habeas corpus petition under 28 U.S.C. § 2241. Little v. Hopkins, 638 F.2d 953, 953-954 (6th Cir.1981) (per curiam). Only after a federal prisoner seeking § 2241 relief has sought and exhausted administrative remedies pursuant ......
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...may seek relief in federal court. See McCarthy v. Madigan, 503 U.S. 140, 112 S.Ct. 1081, 117 L.Ed.2d 291 (1992); see also Little v. Hopkins, 638 F.2d 953 (6th Cir.1981); Bode v. Guzik, 86 F.3d 1155 (TABLE), 1996 WL 266431, *1 (6th Cir. May 17, 1996). This requirement serves the twin purpose......
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...629, 634 (2d Cir.2001), the Fifth Circuit in Fuller v. Rich, 11 F.3d 61, 62 (5th Cir.1994), the Sixth Circuit in Little v. Hopkins, 638 F.2d 953, 953-54 (6th Cir. 1981), and the Eight Circuit in Willis v. Ciccone, 506 F.2d 1011, 1015 (8th Cir. 1974), Skinner held that exhaustion of remedies......
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... ... 444, 445 (4th Cir. 2004) (citing Carmona v. United States ... Bureau of Prisons, 243 F.3d 629, 634-35 (2d Cir.2001), ... Little v. Hopkins, 638 F.2d 953, 953-54 (6th ... Cir.1981)). Exhaustion as provided in § 1997e(a) is ... mandatory, regardless of the relief ... ...