United States District Court, E.D. Kentucky, Central Division at Lexington
MARK A. JACKSON, Petitioner,
STEVE HANEY, Warden, Respondent.
MEMORANDUM OPINION AND ORDER
KAREN K. CALDWELL, Chief District Judge.
Mark A. Jackson is in custody of the Kentucky Department of Corrections ("KDOC") and is presently confined in the Little Sandy Correctional Complex ("LSCC") located in Sandy Hook, Kentucky. Jackson, proceeding pro se, has filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241, claiming that the KDOC has failed to award him the correct amount of good time credits (meritorious, statutory, and work-time) on his sentence, resulting in his serving more time in prison than he is required by law to serve. [R. 1] Jackson claims that he has completely served his sentence, and he requests this Court to order that he be released from prison immediately. [R. 1, Page ID# 8] Jackson has paid the $5.00 filing fee.
The Court has reviewed Jackson's petition and concludes that he has failed to state a claim for which relief can be granted. For the reasons stated below, his petition will be denied and this action will be dismissed.
The Court conducts an initial review of habeas corpus petitions. 28 U.S.C. § 2243; Alexander v. N. Bureau of Prisons, 419 F.Appx. 544, 545 (6th Cir. 2011) (citing Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970)). The Court must deny a petition if it plainly appears that the petitioner is not entitled to relief. R. Governing § 2254 Cases 4 (rendered applicable to § 2241 petitions by Rule 1(b)). At this stage, the Court must accept Jackson's factual allegations as true. Erickson v. Pardus, 551 U.S. 89, 94 (2007). Because Jackson lacks counsel, the Court must also evaluate his claims leniently. Id.
On March 9, 2007, Jackson was convicted in Boone Circuit Court of complicity to commit Robbery, Second Degree. See Commonwealth of Kentucky v. Mark A. Jackson, Case No. 05-CR-0498, Boone Circuit Court. Because he was also a Persistent Felony Offender (First Degree) at that time, his ten-year sentence on the robbery charge was enhanced by another five years, resulting in a total sentence of fifteen years. [R. 1-1, Page ID# 12] The KDOC's Resident Record Card attached as an exhibit to Jackson's petition confirms this information and reflects that Jackson must serve at least 20% of his 15-year sentence and that he has been given 598 days of jail credit on his sentence, perhaps because he remained in custody from the time of his arrest on the robbery charge until his date of conviction. [R. 1-1, Page ID# 12]
The KDOC's records on Jackson also reflects that his Parole Eligibility Date is June 23, 2015, that his Minimum Expiration of Sentence Date is September 24, 2015, which is his good time release date, and that his Maximum Expiration of Sentence Date is June 22, 2020. See http://kool.corrections.ky.gov/KOOL/Details/119893 (last checked January 21, 2015). Jackson's Resident Record Card as of July 14, 2014, indicates that while incarcerated, Jackson has been given various types of credit on his sentence, viz., meritorious good time, work for time credit, and statutory good time, as chronologically itemized by dates from April 1, 2008 through June 30, 2014. [R. 1-1, Page ID## 12-16]
CLAIM ASSERTED IN THE 2241 PETITION
Jackson claims that the KDOC has not given him the correct amount of the various types of good time credits on his sentence. He contends that when the correct amount of good time to which he is entitled is applied to his sentence, it will establish that he has completed service of all of the time he is required by law to serve on his 15-year sentence; therefore, he is entitled to immediate release from prison.
In September of 2013, pursuant to the KDOC's Correctional Policy and Procedure ("CPP") 17.4, Jackson filed an Administrative Remedy with the KDOC, claiming that the calculation of his release date was incorrect. Jackson stated the problem as follows:
My time calculation isn't correct. I'm doing time on a 15 yr. 20% sentence, with 45 mos off for statutory GT, and 20 mos. Jail time, 13 mos meritorious and work credit, is 6 ½ yrs and the 6 ½ yrs I've served already, is 13 Yrs TOTAL on a 15 Yr. Sentence, Pluss [sic] the 8 mos, is almost 14Yrs
R. 1-1, Page ID# 25.
He requested that the KDOC review and correct the matter, stating, "I realy [sic] do appreciate anything you can do to help clean up this matter. Your response is ...