Foster v. Acting Warden

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRANDY FOSTER,
Petitioner,
vs.
ACTING WARDEN,
Respondent.
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Case No. 25-CV-1570-DWD
MEMORANDUM & ORDER
DUGAN, District Judge:
This matter comes before the Court on Petitioner Brandy Foster’s Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). The Petitioner is incarcerated at
the Federal Correctional Institution in Greenville, Illinois, and is challenging the Bureau
of Prison’s determination as to her eligibility for First Step Act time credits.
This matter is now before the Court for preliminary review pursuant to Rule 4 of
the Federal Rules Governing Section 2254 Cases in United States District Courts. Rule
4 provides that upon preliminary consideration by a district judge, “[i]f it plainly appears
from the petition and any attached exhibits that the petitioner is not entitled to relief in
the district court, the judge must dismiss the petition and direct the clerk to notify the
petitioner.” Rule 1(b) of the Federal Rules Governing Section 2254 Cases gives this Court
the authority to apply the rules to other habeas corpus cases like the one at bar.
On February 7, 2022, Petitioner pled guilty to conspiring to, and possession and
distribution of, methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) & (b)(1)(A). United
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States v. Foster, 19-cr-377-DGK(5) (Western District of Missouri). She was sentenced to 90
months’ 	imprisonment. 	Petitioner 	is 	challenging 	the 	Bureau 	of 	Prison’s 	(“BOP”)
calculation of her Earned Time Credits under the First Step Act.
The First Step Act (“FSA”) was enacted into law on December 21, 2018. Under the
FSA, eligible inmates convicted of non-violent offenses may earn credit toward their
sentences by completing programming and other productive activities. See 18 U.S.C. §
3632(d). In January 2022, the BOP finalized a new rule codifying the BOP’s procedures
for the earning and application of credits under this system. FSA Time Credits, 87 FR
2705-01, codified at 28 C.F.R. § 523.40 et. seq. The computation of a prisoner's sentence,
including 	the 	application 	of 	potential 	sentence 	credits, 	can 	be 	challenged 	in
a § 2241 petition. Setser v. United States, 566 U.S. 231, 244 (2012); Preiser v. Rodriguez, 411
U.S. 475, 487 (1973); United States v. Walker, 917 F.3d 989, 994 (7th Cir. 2019) (noting inmate
may challenge the computation of his sentence by a § 2241 petition after first seeking
relief through the BOP's administrative procedures).
Here, Petitioner has asked the Court to “waive the requirement to exhaust
administrative remedies due to time sensitivity [and] irreparable harm[.]” (Doc. 1, pg.
10). According to Petitioner’s calculation, her correct release date should be July 24, 2026.
(Doc. 1, pg. 14). The Court declines to waive the requirement to exhaust remedies at this
time given the nature of the allegations contained in the Petition. The Court will invite
the Government’s response to the issue of exhaustion.
It is not plainly apparent that Petitioner is not entitled to habeas relief. Without
commenting 	on 	the 	merits 	of 	Petitioner's 	claims, 	the 	Court 	concludes 	that
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the § 2241 petition survives preliminary review pursuant to Rule 4, and the Court will
order a response.
IT IS THEREFORE ORDERED that Respondent shall answer or otherwise plead
on or before March 19, 2026. This preliminary order to respond does not preclude
Respondent from raising any objection or defense Respondent may wish to present.
Service upon the United States Attorney for the Southern District of Illinois, 750 Missouri
Avenue, East St. Louis, Illinois, shall constitute sufficient service.
Petitioner is ADVISED of her continuing obligation to keep the Clerk and
opposing parties informed of any change in the Petitioner's whereabouts during the
pendency of this action. This notification must be in writing no later than 7 days after a
transfer or other change in address. Failure to provide notice may result in dismissal of
this action. See Fed. R. Civ. P. 41(b).
SO ORDERED.
Dated: February 17, 2026 	/s/ David W. Dugan
______________________________
DAVID W. DUGAN
United States District Judge
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