United States District Court, N.D. Texas, Dallas Division
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
HARRIS TOLIVER UNITED STATES MAGISTRATE JUDGE
to 28 U.S.C. § 636(b) and Special Order 3, this
action was referred to the United States Magistrate Judge for
case management. On February 19, 2019, Petitioner Bobby
Warren Cheney, a federal prisoner at the FCI in Seagoville,
Texas, filed a pro se pleading titled, Motion
for Award of Good Time Pursuant to 28 U.S.C. §
2241. Doc. 3. As detailed here, the petition should be
summarily DISMISSED WITHOUT PREJUDICE as
requests that the Bureau of Prisons (“BOP”) be
directed to grant him good-time credits under the First Step
Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194 (2018). Doc.
3 at 4. He asserts that he is entitled to an additional seven
days of time credits per year under the First Step Act and
that, once those credits are applied, his sentence will have
expired. Doc. 3 at 3. Cheney avers that he is scheduled to
release to a halfway house on March 24, 2019.
habeas corpus petition under 28 U.S.C. § 2241 is subject
to summary dismissal if it appears from the face of the
petition that the petitioner is not entitled to relief.
See Wottlin v. Fleming, 136 F.3d 1032, 1034
(5th Cir. 1998) (affirming summary dismissal of Section 2241
petition); see also Rule 4 and 1(b) of the Rules
Governing Section 2254 Cases.
102(b)(1) of the First Step Act (“Act”), Public
Law No. 115-391, amended 18 U.S.C. § 3624(b) to permit
federal inmates to earn 54 days of good conduct time for each
year of the sentence imposed, effectively abrogating
Barber v. Thomas, 560 U.S. 474 (2010). However, this
provision has not yet taken effect, and will not do so until
the Attorney General completes the “risk and needs
assessment system” within 210 days after the Act's
enactment, as required by Section 101(a) of the Act.
See Schmutzler v. Quintana, No.
5:19-046-DCR, 2019 WL 727794, at *2 (E.D. Ky Feb. 20, 2019)
(denying habeas relief because Section 102(b)(1) will not
take effect until July 2019).
even if Cheney's failure to exhaust administrative
remedies should be excused, his time-credit request is
premature, and his habeas corpus petition should be summarily
DISMISSED WITHOUT PREJUDICE
FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT
of this report and recommendation will be served on all
parties in the manner provided by law. Any party who objects
to any part of this report and recommendation must file
specific written objections within 14 days after being served
with a copy. See28 U.S.C. § 636(b)(1);
Fed.R.Civ.P. 72(b). An objection must identify the finding or
recommendation to which objection is made, state the basis
for the objection, and indicate the place in the magistrate
judge's report and recommendation where the disputed
determination is found. An objection that merely incorporates
by reference or refers to the briefing before the magistrate
judge is not specific. Failure to file specific written
objections will bar the aggrieved party from appealing the
factual findings and legal conclusions of the magistrate
judge that are accepted or adopted by the district court,
except upon grounds of plain error. See Douglass
v. United Services Automobile Ass'n, 79 F.3d 1415,
1417 (5th Cir. 1996), modified by statute on other
grounds, 28 U.S.C. § 636(b)(1) (extending the time
to file objections to 14 days).
 Although Cheney did not submit a
motion to proceed in forma pauperis or pay the
filing fee, it is more efficient to dismiss the petition than
to require compliance with this Court's filing
 Pursuant to Fed.R.Evid. 201, the Court
takes judicial notice of Cheney's presently computed
release date of March 24, 2019. See BOP's inmate
locator, https://www.bop.gov/inmateloc/ (last accessed on
Feb. 26, 2019).
 Rule 1(b) of the Rules Governing
Section 2254 Cases provides that the Section 2254 rules are
also applicable to habeas petitions not covered ...