Novotny v. Yankton FPC, Warden, No. 4:2021cv04074 - Document 16 (D.S.D. 2021)

Court Description: OPINION AND ORDER granting 8 Motion to Dismiss for lack of subject matter jurisdiction; denying as moot 13 Motion to Appoint Counsel ; denying as moot 15 Motion. Signed by Chief Judge Roberto A. Lange on July 21, 2021. (DLC)

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Novotny v. Yankton FPC, Warden Doc. 16 Case 4:21-cv-04074-RAL Document 16 Filed 07/21/21 Page 1 of 2 PageID #: 118 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION JASON FLOYD NOVOTNY, 4:21-CV-04074-RAL Petitioner, OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS vs. YANKTON FPC, WARDEN, Respondent. On April 22, 2021, Jason Floyd Novotny, an inmate at the Yankton Federal Prison Camp in Yankton, South Dakota, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. Doc. 1. Respondent moves to dismiss for lack ofsubject matter jurisdiction, for failure to state a claim, and for failure to exhaust. Doc. 8. Novotny opposes the motion and moves for the appointment of counsel and for a "joint cooperation/sharing agreement." Docs. 12, 13, 15. Novotny seeks the immediate application ofhis earned time credits. Doc. 1 at 8. Under the First Step Act(FSA), time credits may be earned by eligible prisoners who successfully complete "evidence-based recidivism reduction programming" or "productive activities." 18 U.S.C. § 3632(d)(4)(A). The Bureau ofPrisons(BOP)has a phase-in period until January 15, 2022, to provide evidence-based recidivism programs and productive activities to all prisoners. Id. § 3621(h)(2)(emphasis added). In Holt v. Warden, this Court held that it cannot force the BOP to apply earned time credits toward prerelease custody before January 15, 2022. No. 20- 4064, 2021 WL 1925503, at *5-6 (D.S.D. May 13, 2021). Thus, an inmate that seeks to have the Dockets.Justia.com Case 4:21-cv-04074-RAL Document 16 Filed 07/21/21 Page 2 of 2 PageID #: 119 Court compel the BOP to apply the credits before January 15, 2022, does not have standing and his/her petition must be dismissed for laek of subject matter jurisdiction. See id. Here, Novotny seeks the immediate application of his earned time credits. See Doc. 1 at 8. In his opposition to Respondent's motion, Novotny relies on the minority position, Goodman V. Ortiz. Civ. No. 20-7582, 2020 WL 5015613(D.N.J. Aug. 25, 2020), to support his proposition that his earned time credits must be applied due to the FSA's statutory language. Doc. 12 at 1. But this Court already considered Goodman and specifically sided with the majority position, declining to apply Goodman's interpretation ofthe FSA. See Holt. 2020 WL 5015613 at *5. At this time, the Court cannot compel the BOP to apply earned time credits. Therefore, it is hereby ORDERED that Respondent's motion to dismiss for lack of subject matter jurisdiction. Doc. 8, is granted. It is finally ORDERED that Novotny's pending motions. Docs. 13 and 15, are denied as moot. DATED July 2021 BY THE COURT: ROBERTO A. LANGE CHIEF JUDGE

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