HAMELL v. RIVERA (2019)

United States Court of Appeals, Eighth Circuit.

Gary HAMELL, also known as Gary Hamell-El, Plaintiff-Appellant, v. C. V. RIVERA, Warden, Defendant-Appellee.

No. 18-3063

Decided: August 28, 2019

Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges.

Gary Hamell, Pro Se Stacey E. McCord, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Arkansas, Little Rock, AR, for Defendant-Appellee

Federal inmate Gary Hamell-El appeals the district court's ¹ order denying his 28 U.S.C. § 2241 petition challenging his sentence computation by the Bureau of Prisons (BOP). Following de novo review, we find no error in the application of the primary jurisdiction doctrine, and conclude that the BOP permissibly denied Hamell-El credit prior to the commencement of his federal sentence. See Elwell v. Fisher, 716 F.3d 477, 481-87 (8th Cir. 2013). The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas, adopting the recommended disposition of the Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.

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