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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

SAVANNAH DIVISION

UNITED STATE OF AMERICA,

V.

4:1 1-cr-201

ZIMBABWE FIELDS,

Defendant.

ORDER

Before the Court is Zimbabwe Fields's
"Motion Requesting Court to Enter an Order
Awarding Jail Time Credit for Time Spent
While in Federal Custody." ECF No. 27. For
the reasons stated herein, Fields's motion is
DISMISSED.

The Attorney General initially possesses
"the exclusive authority" to determine credit
for a defendant's time in custody. Rodriguez
v. Lamar, 60 F.3d 745, 746 (11th Cir. 1995);
see also United States v. Herrera, 931 F.2d
761, 763-64 (11th Cir. 1991). The Attorney
General has delegated this right to the Bureau
of Prisons, which has established regulations
setting out "the procedures that prisoners must
pursue prior to seeking relief in the district
court." Herrera, 931 F.2d at 764 (quoting
United States v. Lucas, 898 F.2d 1554, 1556
(11th Cir. 1990)); see 28 C.F.R. § § 542.10 to
.19.

"The Regulations are clear and specific."
Herrera, 931 F.2d at 764. The
Administrative Remedy Procedure requires
those persons at the institutional, regional,
and central offices to conduct an investigation
of each complaint or appeal. 28 C.F.R. §
542.11 (a)(3). In most cases, the inmate must
present his complaint to staff who must then
attempt to resolve any issue before the inmate

files a formal request for administrative
Id. at § 542.13(a). If unable to
remedy.
resolve his complaint, the inmate may then
file a formal written complaint.
Id. at §
542.13 to .14. At that point, the Warden must
file a response, and if the inmate is
unsatisfied, the inmate may appeal to the
Regional Director and then to the General
Counsel.
.15.
"[E]xhaustion of these administrative
remedies is jurisdictional," and "only if,
the defendant has pursued his
administrative remedy may he seek relief
in the district court." Herrera, 931 F .2d at
764.

at §§ 542.14 to

Id.

Fields's only mention of any kind of
attempt to pursue a remedy before seeking
relief from this Court is his statement that
"[a]fter communicating with federal
authorities here in prison at Jesup,
Georgia, as to why they have not correctly
computed all the months I served in
federal custody[,] I was told by prison
officials in the records office that my
federal judge is the one who must order
that I be given jail credits for the 19
months of non-credited time served in
federal custody." ECF No. 27 at 1. This
assertion may be enough to satisfy the
informal complaint procedure required by
the regulations, but the government is
correct that "[t]here is nothing in Fields's
motion or in the record of this case that
demonstrates that Fields has exhausted his
administrative remedies with the BOP."
ECF No. 28 at 2.

Accordingly, the Court is without
jurisdiction to entertain Fields's motion.

(cid:9)
Fields's
Herrera, 931 F.2d at 764. (cid:9)
motion, ECF No. 27, is therefore
DISMISSED.

Thi—S day of June, 2013.

B. (VANDENFIELD,/J JDGE T
UNITED STATES DIST1CT COURT
SOUTHERN DISTRICIOF GEORGIA

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