USA v. Bland et al

Middle District of Florida, flmd-8:2017-cr-00091-334175

ORDER denying without prejudice 89 Motion for time credit while in custody as to Kevin Polite (2), and directing Defendant to exhaust administrative remedies. Signed by Judge Elizabeth A. Kovachevich on 12/7/2019.

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Pageld 420 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, · CASE NO. 8:17-CR-91-T-17AAS KEVIN POLITE. V. ORDER This cause is before the Court on: Dkt. 89 Motion for Time Credit While in Custody and Monitored by Ankle Monitor Defendant Kevin Polite, pro se, requests that the Court order prior custody credit time to be granted by the BOP. Defendant Polite asserts that the BOP Compensation Specialist has not given Defendant Polite credit for confinement from May 18, 2018 to January 8, 2019, and has granted jail time credit only from May 14, 2018 to May 17, 2018. Defendant Polite does not indicate that Defendant Polite has exhausted the administrative remedies that are available to Defendant Polite within the BOP. Defendant Polite may seek relief in this Court only after exhaustion of administrative remedies. Before that time, the Court does have jurisdiction. In United States v. Lucas, 898 F.2d 1554 (11th Cir. 1990), the Eleventh Circuit held that the Attorney General has the initial discretion to determine credit for the defendant's time in custody prior to imposition of sentence, and he has delegated the right to make that determination to the Bureau of Prisons. The BOP has established regulations governing review of inmate complaints related to any aspect of imprisonment. After consideration, the Court denies Defendant Polite's Motion for Time Credit While in Custody and Monitored by Ankle Monitor without prejudice. Accordingly, it is Case 8:17-cr-00091-EAK-AAS Document: 90 Filed 12/07/19 Page 2 of 2 PageID 421 ORDERED that pro se Defendant Kevin Polite's Motion for Time Credit While in Custody and Monitored by Ankle Monitor (Dkt. 89) is denied without prejudice. Defendant Kevin Polite shall exhaust administrative remedies before seeking further relief is this Court. DONE and ORDERED in Chambers in Tampa, Florida on this this 24 day of December, 2019. Ases senior United States District Judge d States DCHEVICH Copies to: All parties and counsel of record Pro Se Defendant: Kevin Polite 70493-018 FCC Coleman Low P.O. Box 1031 Unit B-4 Coleman, FL 33521-1031