Filed: Sep. 04, 2013
Latest Update: Sep. 04, 2013
Summary: ORDER MAX O. COGBURN, Jr., District Judge. THIS MATTER is before the court on defendant's letter (#49), which the court deems to be a Motion to Alter the Judgment. The Judgment (#36) was entered on November 3, 2011, and is now final. In the instant motion, defendant seeks to amend the now final Judgment to alter the schedule of payments under Inmate Financial Responsibility Program ("IFRP"). Specifically, defendant seeks to delay payment until she is released from prison. The Bureau of Priso
Summary: ORDER MAX O. COGBURN, Jr., District Judge. THIS MATTER is before the court on defendant's letter (#49), which the court deems to be a Motion to Alter the Judgment. The Judgment (#36) was entered on November 3, 2011, and is now final. In the instant motion, defendant seeks to amend the now final Judgment to alter the schedule of payments under Inmate Financial Responsibility Program ("IFRP"). Specifically, defendant seeks to delay payment until she is released from prison. The Bureau of Prison..
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ORDER
MAX O. COGBURN, Jr., District Judge.
THIS MATTER is before the court on defendant's letter (#49), which the court deems to be a Motion to Alter the Judgment. The Judgment (#36) was entered on November 3, 2011, and is now final. In the instant motion, defendant seeks to amend the now final Judgment to alter the schedule of payments under Inmate Financial Responsibility Program ("IFRP"). Specifically, defendant seeks to delay payment until she is released from prison.
The Bureau of Prisons has the authority to place a defendant in the IFRP based on the wording contained in the criminal judgment. See United States v. Watkins, 161 F. App'x 337, 337 (4th Cir. 2006); Bramson v. Winn, 136 F. App'x 380, 381 (1st Cir. 2005). Before seeking relief from any court regarding obligations under the IFRP, a defendant must exhaust all administrative remedies through the Bureau of Prisons. McGhee v. Clark, 166 F.3d 884, 887 (7th Cir. 1999). Once all administrative remedies have been exhausted, a defendant may challenge such payments only by filing the appropriate pleading in the district court located in the district of confinement, not with the sentencing court. See Moore v. Olson, 368 F.3d 757, 759 (7th Cir. 2004); Matheny v. Morrison, 307 F.3d 709, 711-12 (8th Cir. 2002). Defendant is not housed in this district. While this court can afford petitioner no relief, the court will strongly recommend that petitioner work with her case manager on this matter.
ORDER
IT IS, THEREFORE, ORDERED that defendant's letter, deemed to be a Motion to Alter Judgment (#49), is DENIED.