United States v. Greenlove

• Decision Date: 30 June 2020
• Docket Number: 1:12-CR-194
• Parties: UNITED STATES of America v. Tyshawn GREENLOVE, Defendant
• Court: U.S. District Court — Middle District of Pennsylvania

469 F.Supp.3d 341

UNITED STATES of America

v.Tyshawn GREENLOVE, Defendant

1:12-CR-194

United States District Court, M.D. Pennsylvania.

Signed June 30, 2020

C.D. Marchioli, US Attorney's Office - Criminal, Harrisburg, PA, for United States of America.

MEMORANDUM

MALACHY E. MANNION, United States District Judge

I. BACKGROUND

On June 5, 2020, defendant Tyshawn Greenlove, an inmate at FCI Fort Dix, New Jersey, filed, through counsel, a Motion for Compassionate Release, pursuant to 18 U.S.C. § 3582(c)(1)(A), and a request for release from his 151-month sentence to home confinement with his fiancée based on the COVID-19 pandemic and his medical conditions. (Doc. 1387).¹

Greenlove states that FCI Fort Dix has had nearly 40 positive cases of COVID-19 among staff and inmates, and that conditions in the prison make the spread of the virus more likely since CDC recommendations, such as social distancing, are not being followed making the prison unsafe. In fact, Greenlove alleges that "FCI Fort Dix is not following the BOP's response plan to the COVID-19 pandemic and is not following the CDC's guidelines for limiting the spread of COVID-19." He also asserts that he qualifies for release under the statute since he has served 75% of his sentence and his projected release date is April 30, 2022. He further alleges that he is a non-violent offender serving a sentence for distribution and possession with intent to distribute crack cocaine, and that he has taken classes in prison and participates in the Residential Drug Treatment Program. Greenlove alleges that his medical conditions of high blood pressure and diabetes, "put him in danger of having a very serious negative reaction to [the COVID-19 virus]" if he contracts it. Both the government and Greenlove submitted copies of his BOP medical records indicating that he has been diagnosed with the stated conditions. Greenlove also points out that he has a family history of heart disease.

Based on the above, Greenlove requests the court order the Bureau of Prisons ("BOP") to release him from prison to serve the remainder of his sentence on home confinement with his fiancée in Harrisburg, Dauphin County, Pennsylvania. Greenlove also states that he has been offered a job if he is released from prison with Fineline Auto Group, LLC, and submitted an Exhibit as support. (See Doc. 1378 Ex. B). Greenlove, age 42, is not in the high risk age category regarding COVID-19. Also, BOP records indicate that Greenlove was medically cleared to perform regular duty work with no restrictions. (Doc. 1392 at 87).

On June 16, 2020, the government filed its response in opposition to Greenlove's motion. (Doc. 1390). The government also filed Greenlove's BOP medical records under Seal. (Doc. 1392). On June 19, 2020, Greenlove filed a reply brief with attached Exhibits, including copies of his medical records. (1394).

Initially, Greenlove contends that the Warden's responses denying his requests indicate that he has exhausted his administrative remedies. Specifically, Greenlove states that he filed an initial compassionate release request with the Warden on April 1, 2020. The Warden responded to the request on April 27, 2020, explaining that Greenlove's request lacked required information. Greenlove then submitted a second request for compassionate release on April 29, 2020, and an amendment to that request on May 2, 2020. (Doc. 1387 at 5 & Ex. A). According to the government, the Warden responded to Greenlove's second request and amendment on May 5, 2020, and May 18, 2020, respectively. The government then represents that the responses of the Warden again advised Greenlove that he needed to provide more information. (Doc. 1390 at 10). In his reply brief, Greenlove neither addresses nor disputes the government's representations regarding the Warden's recent responses to his requests. (See Doc. 1395).

Rather than proceed with his administrative request to the Warden for compassionate release and submit the additional information required as directed in the Warden's May 18, 2020 response, or appeal the Warden's response through the BOP administrative remedy process, Greenlove filed his instant motion with this court requesting compassionate release under 18 U.S.C. § 3582(c)(1)(A).

Greenlove and the government assert that this court has jurisdiction since defendant filed his instant motion over 30 days after he submitted his first and second requests to the Warden despite the fact that he has not given the Warden the opportunity to respond to a proper request with the required information, as directed. Nor did Greenlove appeal any of the Warden's responses through the BOP administrative remedy process. Since the Warden responded to Greenlove's April 29, 2020 and May 2, 2020 requests advising him that more information was required, he is still in the midst of the administrative remedy process. This court finds that Greenlove has not exhausted his administrative remedies as required, and that the court cannot waive the exhaustion requirement.

Thus, to the extent Greenlove requests the court to direct the BOP to release him from prison to home confinement, or to amend his sentence to allow him to serve the remainder of his prison term in home confinement, due to COVID-19 and his medical conditions, his filing is a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), and it will be dismissed without prejudice for lack of jurisdiction due to his failure to exhaust his BOP administrative remedies.

To the extent that Greenlove may be deemed as seeking the court to order the BOP to find him eligible for immediate home confinement designation under the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"), Pub. L. 116-136, § 12003, the court does not have authority to grant his request for relief and order the BOP to release him to home confinement.

II. DISCUSSION²

In his present motion, defendant Greenlove requests the court order the BOP to immediately transfer from FCI Fort Dix to home confinement and requests the court allow him to serve the remainder of his 151-month prison sentence in home confinement due to his fear of the COVID-19 pandemic and his fear that he may suffer more severe complications if he contracts the virus due to his medical conditions. Greenlove's filing is a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). Based on these allegations, Greenlove contends that there exists extraordinary and compelling circumstances warranting his release from prison to home confinement.³

In its response, (Doc. 1390 at 13-14), the government initially states that "[b]ecause Greenlove submitted a compassionate-release request to the warden and waited 30 days before filing his present motion, he satisfied § 3582(c)(1)(A) ’s exhaustion requirement."

(citing United States v. Alam, 960 F.3d 831, 834 (6th Cir. 2020) ("Prisoners who seek compassionate release have the option to take their claim to federal court within 30 days, no matter the appeals available to them.")).

The government then argues that the court should deny Greenlove's motion for compassionate release from prison to home confinement based on the merits. Greenlove also assert that he has met the exhaustion requirement under 18 U.S.C. § 3582(c)(1)(A). Nonetheless, the court finds that Greenlove's motion should be dismissed for lack of jurisdiction because he has not exhausted his administrative remedies. This court has found that the exhaustion requirement is "mandatory" and that since Greenlove filed his instant motion with the court before exhausting his administrative remedies with the BOP, this court is "without jurisdiction to entertain the motion." See United States v. Raia, 954 F.3d 594, 597 (3d Cir. 2020). Although the government cites to the Sixth Circuit Court of Appeals, this court is bound to follow the Third Circuit and the Raia case. See also United States v. Blevins, 2020 WL 3260098, *2 (S.D. Miss. June 16, 2020) ("The statute [ 18 U.S.C. § 3582(c)(1)(A) ] does not provide an exception to this mandatory statutory exhaustion requirement, equitable or otherwise.") (citing United States v. Koons, 455 F.Supp.3d 285, 288–90 (W.D. La. Apr. 21, 2020) ("If an inmate's request is denied before the lapse of 30 days, then he must fully exhaust administrative remedies before the Court may consider his motion to modify his sentence under the statute."); United States v. Martin, 2020 WL 3065302, at *3 (S.D. Miss. June. 9, 2020) ) (district court criminal nos. omitted).

Also, as indicated, Greenlove does not have any medical limitations that affect his ability to work any jobs offered in the BOP, and he does not claim to have contracted COVID-19, or to have had contact with anyone who contracted COVID-19.

The Warden responded to all of Greenlove's requests in a timely manner within the 30-day period, and repeatedly advised defendant that more information was required. (Doc. 1390 at 10). Instead of then submitting the additional required information after he received the Warden's May 18, 2020 response to his May 2, 2020 amended request, or appealing the Warden's responses, Greenlove filed his instant motion with this court on June 5, 2020.

Regarding exhaustion in this case, the court must first consider whether Greenlove has exhausted his BOP administrative remedies despite the government's misplaced concession on this issue. See Blevins, 2020 WL 3260098, *2 (Court first considered the exhaustion issue even though "the Government seem[ed] to concede that there has been exhaustion", and the court then found that "the Defendant failed to exhaust his administrative remedies" and dismissed his motion.).

As stated, Greenlove received a response from the Warden on May 18, 2020 regarding his amended request for compassionate release, and advised him that more information was required. It does not appear that defendant submitted the additional information as he was directed to do. Nor does he claim to have appealed...