Kennedy v. Warden, FPC Duluth

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jamar Antron Kennedy,
Petitioner,
v.
Warden, FPC Duluth,
Respondent.
File No. 25-cv-2008 (ECT/DLM)
ORDER ACCEPTING REPORT
AND RECOMMENDATION
Petitioner Jamar Antron Kennedy commenced this action pro se by filing a petition
for a writ of habeas corpus. 	ECF No. 1. 	Kennedy is serving a 144-month term of
imprisonment for Conspiracy to Distribute and Possess with Intent to Distribute Controlled
Substances, in violation of 21 U.S.C. §§ 2 and 841(a)(1). 	ECF No. 10 ¶ 3. 	Kennedy
challenges the Bureau of Prisons’ calculation of First Step Act Time Credits (“FTCs”).
ECF No. 1.
In a Report and Recommendation, Magistrate Judge Douglas L. Micko understood
the entire period in dispute to be 180 days, “meaning the most FTCs Mr. Kennedy could
have earned during this period would be 90 days.” 	ECF No. 15 at 6 n.3. 	Judge Micko
recommended dismissing Kennedy’s petition because there is no evidence that he
participated in First Step Act-qualified programming during the challenged time periods—
namely, when Kennedy was housed: (1) in a non-BOP facility (from his October 12, 2022
sentencing through November 17, 2022); (2) in FCI Victorville, a BOP facility, as a
holdover inmate (from November 17, 2022, until he arrived at FCI Herlong on January 11,
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2023), or (3) in holdover facilities (from August 15, 2024, until November 12, 2024) while
being transferred to his current designated facility, FPC Duluth. Id. at 6–8; ECF No. 10 ¶¶
5, 16; see 18 U.S.C. § 3632(d)(4)(A) (providing that FTC credits are granted when a
prisoner “successfully completes evidence-based recidivism reduction programming or
productive activities” (emphasis added)); Solberg v. Eischen, No. 23-cv-3568 (ECT/DTS),
2024 WL 3251713, at *2 (D. Minn. May 7, 2024), R. & R. adopted, 2024 WL 3086630 (D.
Minn. June 21, 2024); Martinez v. Eischen, No. 24-cv-637 (KMM/DJF), 2024 WL
1598772 (D. Minn. Apr. 12, 2024).
Kennedy filed objections to the Report and Recommendation. 	ECF No. 16.
Respondent 	filed 	a 	response 	addressing 	Kennedy’s 	objections 	and 	confirming
Respondent’s view that the Report and Recommendation should be adopted, and the
Petition denied in its entirety. ECF No. 19. Because Kennedy has objected, the Court is
required to review the Report and Recommendation de novo pursuant to 28 U.S.C.
§ 636(b)(1) and Local Rule 72.2(b)(3). The Court has undertaken that de novo review and
has concluded that Judge Micko’s analysis and conclusions are correct, except that the
Petition will be dismissed without prejudice.
Therefore, based on the foregoing, and on all the files, records, and proceedings in
the above-captioned matter, IT IS ORDERED THAT:
1. 	Petitioner Jamar Antron Kennedy’s Objections [ECF No. 16] to Magistrate
Judge 	Micko’s 	February 	4, 	2026 	Report 	and 	Recommendation 	[ECF 	No. 	15] 	are
OVERRULED.
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2. 	The Report and Recommendation [ECF No. 15] is ACCEPTED as follows:
a. 	Petitioner Jamal Antron Kennedy’s Petition for Writ of Habeas
Corpus [ECF No. 1] is DENIED; and
b. 	The action is DISMISSED without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 4, 2026 	s/ Eric C. Tostrud
Eric C. Tostrud
United States District Court
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