United States District Court, E.D. Arkansas, Eastern Division
WILLIAM L. GILKEY Reg # XXXXX-XXX, Petitioner,
C.V. RIVERA, Warden, Warden, FCI Forrest City, Respondent.
William Lyndall Gilkey, Plaintiff, Pro Se.
Rivera, Defendant, represented by Richard M. Pence, Jr., U.S.
RECOMMENDED DISPOSITION INSTRUCTIONS
THOMAS RAY, Magistrate Judge.
following Recommended Disposition
("Recommendation") has been sent to United States
District Judge James Moody, Jr. You may file written
objections to all or part of this Recommendation. If you do
so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be
received by the Clerk of this Court within fourteen (14) days
of this Recommendation. By not objecting, you may waive the
right to appeal questions of fact.
the Court is a 28 U.S.C. Â§ 2241 Petition for Writ of Habeas
Corpus filed by Petitioner, William L. Gilkey ("Gilkey),
an inmate in the Federal Correctional Institution in Forrest
City, Arkansas (FCI-FC"). Doc. 1. Gilkey
argues that the Bureau of Prison ("BOP") has
improperly denied him a nunc pro tunc designation.
Before addressing Gilkey's habeas claim, the Court will
review the relevant procedural history of the case.
7, 2010, Gilkey was arrested and detained by Georgia state
authorities in Glynn County on charges of theft by receipt of
stolen property. Doc. 6-1, at p. 7.
August 5, 2010, a federal grand jury in the Southern District
of Georgia returned an indictment charging Gilkey with
unlicensed dealing in firearms, carrying firearms during and
in relation to drug trafficking. United States v. William
Lyndall Gilkey, S.D. Georgia No. 2:10-CR-00033 ("
Gilkey I "), at Doc. 3. On August 10,
2010, a writ of habeas corpus ad prosequendum was
issued. Gilkey I, Doc. 10. On August 20, 2010,
Gilkey was temporarily released from state custody via a
federal writ to the United States Marshals Service
("USMS") in connection with his pending federal
criminal charges. Doc. 6-1 at pp. 9-10.
19, 2011, Gilkey was sentenced in Gilkey I to a term
of sixty-months for using a firearm during a drug trafficking
offense, a violation of 18 U.S.C. Â§ 924(c). The Judgment in
Gilkey I states: "This term shall not be served
concurrently with any other term of imprisonment."
Doc. 6-1 at p. 13.
19, 2011, with his federal charges resolved and the federal
judgment lodged as a detainer, Gilkey was returned to state
custody to address the pending state charges in State of
Georgia v. William L. Gilkey, Superior Court of Glynn
County, Georgia No. CR1100578-63 (" Gilkey
II"). Doc. 6-1, Â¶ 9 at p. 10.
February 6, 2012, Gilkey was sentenced in Gilkey II
to a ten-year term of confinement, with five-years to serve
and five-years of probation. Docs. 2 at p. 4 & 6-1 at pp.
19-20. The final disposition in Gilkey II
directed that Gilkey's state sentence would run
concurrently with the federal sentence imposed in Gilkey
I. Doc. 2 at p. 4.
8, 2013, Gilkey completed serving his sentence in Gilkey
II and Georgia authorities released him to the custody
of the USM to begin serving his federal sentence in
Gilkey I. Doc. 6-1 at p. 22.
calculated Gilkey's sixty-month federal sentence in
Gilkey I as commencing on May 8, 2013, the date he
was discharged from his state sentence in Gilkey II
and placed in federal custody to begin serving his federal
sentence. The BOP's calculation gave Gilkey 271 days of
credit for the time spent in state custody, from August 21,
2010, through May 18, 2010, that was not credited against the
state sentence. Doc. 6-1 at pp. 24-25.
Â§ 2241 action, Gilkey argues that the BOP should have
credited all time served on his state sentence
toward his federal sentence. More specifically, Gilkey
challenges the BOP's refusal to make a nunc pro
tunc designation. For the ...