3:25-cv-01953•Okorie v. Warden of FCI-Schuylkill
Texte intégral
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
TOOCHUKWU OKORIE,
Petitioner
V.
CIVIL ACTION NO. 3:25-1953
(JUDGE MANNION)
WARDEN OF FCI-SCHUYLKILL,
Respondent
MEMORANDUM
Presently before the court is a pro se petition for writ of habeas corpus
filed pursuant to 28 U.S.C. §2241 to challenge the United States Bureau of
Prisons' enforcement of a restitution payment plan. The petition will be
dismissed for failure to exhaust administrative remedies.
I. BACKGROUND
Petitioner, Toochukwu Okorie, is incarcerated in Schuylkill Federal
Correctional Institution ("FCI-Schuylkill") serving a federal criminal sentence
that requires him to pay restitution. (Doc. 1). He filed the instant petition on
October 16 , 2025, and the court received and docketed his petition on
October 16 , 2025. (Doc. 1). Okorie's petition asserts that the BOP has
improperly enrolled him in its Inmate Financial Responsibility Program
("IFRP") and compelled him to make restitution payments through the
program . (Id.)
Case 3:25-cv-01953-MEM-LT Document 8 Filed 01/20/26 Page 1 of 4Respondent responded to the petition on December 5, 2025, arguing that it should be dismissed for failure to exhaust administratively or alternatively denied on its merits. (Doc. 7). Okorie has not filed a reply brief, and the deadline for doing so has expired under the Local Rules. The petition is accordingly ripe fo r review. II. DISCUSSION This case will be dismissed for failure to exhaust administrative remedies. Although there is no explicit statutory exhaustion requirement for Section 2241 habeas petitions, the United States Court of Appeals for the Third Circuit has consistently held that exhaustion applies to such claims. Cal/wood v. Enos, 230 F.3d 627, 634 (3d Cir. 2000) (citing Schandelmeier v. Cunningham , 819 F.2d 52, 53 (3d Cir. 1986)); Moscato v. Fed. Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996). Exhaustion allows the agency to develop a factual record and apply its expertise, conserves judicial resources , and provides agencies the opportunity to "correct their own errors" thereby fostering "administrative autonomy. " Id. at 761 -62. The BOP has an internal system through which prisoners can request review of nearly any aspect of their imprisonment. See 28 C.F. R. §§542.10-.19. The process begins with an informal request to staff and progresses to formal review by the warden , appeal with the regional director, and-ultimately-final appeal 2 Case 3:25-cv-01953-MEM-LT Document 8 Filed 01/20/26 Page 2 of 4
to the BOP 's central office. Id. §§542.13-.15. No request is considered fully exhausted until reviewed by the central office. Id. §542.15(a). Exhaustion is the rule in most cases, and failure to exhaust will generally preclude habeas review. Moscato, 98 F.3d at 761 . Only in rare circumstances is exhaustion of administrative remedies not required. For example, exhaustion is unnecessary if the issue presented is one that consists purely of statutory construction . Vasquez v. Strada, 684 F.3d 431 , 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981 ) ). Exhaustion is likewise not required when it would be futile. Rose v. Lundy, 455 U.S. 509, 516 n.7 (1982). Here, respondent has produced evidence showing that Okorie failed to exhaust administrative remedies because his BOP records indicate that he has not filed any administrative remedy requests while serving his sentence. (Doc. 7-2 ; Doc. 7-4 ). Okorie has not contested this assertion through any contrary evidence or argument. Dismissal of this case is therefore appropriate because Okorie failed to exhaust administrative remedies and he h as not provided any valid basis to excuse the failure to exhaust. 3 Case 3:25-cv-01953-MEM-LT Document 8 Filed 01/20/26 Page 3 of 4
Ill. CONCLUSION For t he foregoing reasons, the court will dismiss the petition for writ of habeas corpus without prejudice for failure to exhaust administrative remedies. An appropriate order shall issue. ti E. Mannion United S tes District Judge Dated: 25-1953-01 4 Case 3:25-cv-01953-MEM-LT Document 8 Filed 01/20/26 Page 4 of 4
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