USA v. Lattaker

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:07-CR-00094-RJC-DSC
THIS MATTER is before the Court upon notice of the defendant pro se
complaining about the deductions from his inmate trust account by the Bureau of
Prisons (BOP). (Doc. No. 64).
An attack on the execution of a federal sentence, including claims related to
the Inmate Financial Responsibility Program (IFRP), must be brought in an action
pursuant to 28 U.S.C. § 2241 in the district where an inmate is confined after
exhaustion of administrative remedies. United States v. Miller, 871 F.2d 488, 490
(4th Cir. 1989); Coleman v. Brooks, 133 F. App’x 51, 53 (4th Cir. 2005) (IFRP claim
properly brought under § 2241). Here, the defendant is incarcerated at the United
States Penitentiary in Pollack, Louisiana. Accordingly, the Court is without
jurisdiction to grant the requested relief.
IT IS, THEREFORE, ORDERED, that the defendant’s request (Doc. No. 64)
is DENIED without prejudice to be brought in the appropriate district.
USA )
)
v. ) ORDER
)
JOHN LYNN LATTAKER )
)
Signed: August 27, 2021
Case 3:07-cr-00094-MOC-SCR Document 65 Filed 08/27/21 Page 1 of 1