3:25-cv-02411•Johnson v. Volunteers of America-Tx et al
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DERRICK JOHNSON, #34654-177, § § § Petitioner, § § v. § § No. 3:25-cv-2411-L (BT) § VOLUNTEERS OF AMERICA-TX, et al., § § § Respondents. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is Derrick Johnson’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 3), motion for emergency restraining order (TRO) (ECF No. 6), and amended petition (ECF No. 11). Based on the relevant filings and applicable law, the Court should dismiss Johnson’s § 2241 petition without prejudice and deny his motion for a TRO. Background Derrick Johnson, a federal inmate housed at a Bureau of Prisons (BOP) residential reentry center (RRC) in Hutchins, Texas, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging disciplinary action against him. See Pet. at 7. Specifically, on August 24, 2025, Johnson was issued an incident report for attempting to “escape” his RRC. Id. According to Johnson, he had a pass to leave Case 3:25-cv-02411-L-BT Document 15 Filed 02/18/26 Page 1 of 7 PageID <pageID>
2 the RRC so he could attend court-ordered therapy—and Johnson had put the RRC on notice of his appointment. Id. Johnson contends that his therapy appointment simply ran longer than expected. Id. Nevertheless, his RRC imposed work restrictions on Johnson that allegedly prohibited him from continuing his employment See id.; TRO at 1–2 (ECF No. 6). Johnson argues that he is the victim of arbitrary disparate treatment. See Pet. at 7; TRO at 1. He cites the fact that the RRC did not punish him when a different medical appointment similarly went long two days after the incident report, on August 26, 2025. Pet. at 7. Moreover, other inmates housed at the RRC have purportedly been allowed to “maintain their employment under a ‘work only’ leave restriction” after similar conduct. TRO at 1. Johnson also complains that: (i) RRC staff improperly confiscated his cologne in March 2025; and (ii) RRC staff “interacted with Mr. Johnson’s employer in an unprofessional manner[,] which cost him [his] job.” Pet. at 7. Johnson’s petition seeks expungement of the August 24, 2025 incident report, the vacatur of restrictions related to the incident report, and clarification of his employment options, among other relief. Id. at 8. On November 4, 2025, Johnson filed an amended petition that merely re- attached his original petition. See generally Am. Pet. (ECF No. 11). Legal Standards and Analysis I. Johnson failed to exhaust administrative remedies. A federal prisoner seeking relief under § 2241 generally must exhaust his Case 3:25-cv-02411-L-BT Document 15 Filed 02/18/26 Page 2 of 7 PageID <pageID>
3 administrative remedies through the BOP before presenting his claims in federal court. See Broderick v. Chapman, 364 F. App’x 111, 112 (5th Cir. 2010) (citing Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994)). “The basic purpose of the exhaustion doctrine is to allow an administrative agency to perform functions within its special competence—to make a factual record, to apply its expertise, and to correct its own errors so as to moot judicial controversies.” Parisi v. Davidson, 405 U.S. 34, 37 (1972). Courts may sua sponte dismiss § 2241 petitions for lack of exhaustion. See, e.g., Pritchett v. Upton, 2016 WL 7971334, at *2 (N.D. Tex. Dec. 30, 2016). An administrative remedy procedure for federal prisoners is provided at 28 C.F.R. §§ 542.10–542.19. Under this administrative procedure, if informal resolution fails, the inmate must pursue a three-level process within the prescribed time intervals. Typically, the inmate must formally appeal to the Warden, via a Request for Administrative Remedy (a “BP-9 form”); then to the Regional Director, via a BP-10 form, within twenty days; and finally to the BOP’s Central Office, via a BP-11 form, within thirty days. See 28 C.F.R. §§ 542.14–542.15. If, at some level, the prisoner does not receive a response within the time allowed for reply, the prisoner may consider the lack of a response to be a denial at that level. See 28 C.F.R. § 542.18. Administrative remedies have not been exhausted until the inmate’s claim has been filed at all levels and has been denied at all levels. See 28 C.F.R. § 542.15; Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993). A petitioner need not exhaust administrative remedies, however, when “the Case 3:25-cv-02411-L-BT Document 15 Filed 02/18/26 Page 3 of 7 PageID <pageID>
4 available administrative remedies either are unavailable or wholly inappropriate to the relief sought, or where the attempt to exhaust such remedies would itself be a patently futile course of action.” Fuller, 11 F.3d at 62 (citation and quotation marks omitted). Such “exceptions to the exhaustion requirement apply only in ‘extraordinary circumstances,’ and [the petitioner] bears the burden of demonstrating the futility of administrative review.” Id. (internal citation omitted). If a petitioner carries his burden to show an applicable exception to the exhaustion requirement, he may obtain a merits ruling on his § 2241 petition despite a lack of exhaustion. See id. Here, Johnson has not shown that he has exhausted his administrative remedies. Rather, he admits in his petition that he only partially pursued exhaustion. See Pet. at 3. Moreover, Johnson filed this action a mere 12 days after the August 24, 2025 incident report—though he prepared the petition on August 27 and placed it in the prison mail system on August 28. See id. at 9. This timing also suggests that Johnson failed to exhaust administrative remedies. See Pate v. Volunteers of Am. Halfway House, Hutchins, 2025 WL 1900725, at *3 (N.D. Tex. June 2, 2025), rec. adopted, 2025 WL 1898587 (N.D. Tex. July 9, 2025) (finding that federal inmate housed in an RRC failed to exhaust administrative remedies related to disciplinary action where he filed his habeas application so soon after the disciplinary action that the petitioner did not have time to exhaust administrative remedies). Johnson claims that he failed to exhaust his administrative remedies Case 3:25-cv-02411-L-BT Document 15 Filed 02/18/26 Page 4 of 7 PageID <pageID>
5 because he never received a response to his complaint and because exhaustion would be futile. Pet. at 3, 8. But Johson does not make any attempt to show that exceptional circumstances exist that would make exhaustion futile. See Rourke, 11 F.3d at 49. Exhaustion is required even where the remedy sought is unavailable. Booth v. Churner, 532 U.S. 731, 741 (2001). Accordingly, the District Judge should dismiss Johnson’s petition for failure to exhaust administrative remedies. II. Johnson may not assert non-habeas claims in this action. Johnson also appears to allege non-habeas civil claims, such as confiscation of his personal belongings and interference with his employment. See Pet. at 7. These claims may not be raised in this habeas action, and the District Judge should dismiss them without prejudice to Johnson’s raising them in a separate civil action. Because Johnson is a prisoner under the Prisoner Litigation Reform Act (PLRA), he must pay the full $405 filing fee for a non-habeas civil action, should he pursue one, although he may pay the fee in installments that are automatically withdrawn from his inmate trust account if the Court grants him leave to proceed in forma pauperis. See 28 U.S.C. § 1915(b)(1). III. Johnson is not entitled to a TRO. Johnson requests a TRO seeking the same core relief sought in his § 2241 petition. To obtain injunctive relief, the moving party must show: (1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury if Case 3:25-cv-02411-L-BT Document 15 Filed 02/18/26 Page 5 of 7 PageID <pageID>
6 the injunction is not issued; (3) that the threatened injury outweighs any damage the order might cause to the responding party; and (4) that the injunction will not disserve the public interest. Enrique Bernat F., S.A. v. Guadalajara, Inc., 210 F.3d 439, 442 (5th Cir. 2000); see also Fed. R. Civ. P. 65. If the party seeking an injunction fails to carry the “heavy burden” to show each of these prerequisites, a preliminary injunction is not warranted. Enter. Int’l, Inc. v. Corporacion Estatal Petrolera Ecuatoriana, 762 F.2d 464, 472 (5th Cir. 1985) (internal quotation marks omitted). As the Court has explained, Johnson’s grounds for relief are unexhausted or not properly raised in this § 2241 action and are thus subject to dismissal. So Johnson, at a minimum, cannot establish a likelihood of success on the merits of claims that are not properly before this Court, and the Court should deny his motion for a TRO. Recommendation The Court should DISMISS without prejudice Derrick Johnson’s habeas claims for failure to exhaust administrative remedies and DISMISS without prejudice any non-habeas civil claims because Johnson cannot bring them in this habeas case. The Court should also DENY the Motion for a TRO (ECF No. 6). SO RECOMMENDED. February 18, 2026. ____________________________ REBECCA RUTHERFORD UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-02411-L-BT Document 15 Filed 02/18/26 Page 6 of 7 PageID <pageID>
7 INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT A copy 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. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b). To be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify 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 Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996). Case 3:25-cv-02411-L-BT Document 15 Filed 02/18/26 Page 7 of 7 PageID <pageID>
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