Case: 18-15127 Date Filed: 07/13/2020 Page: 1 of 16 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-15127 Non-Argument Calendar ________________________ D.C. Docket No. 4:17-cv-00443-MW-GRJ SHONDOLYN BLEVINS, Petitioner-Appellant, versus FCI HAZELTON WARDEN, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (July 13, 2020) Before WILLIAM PRYOR, Chief Judge, JILL PRYOR, and ED CARNES, Circuit Judges. PER CURIAM: Case: 18-15127 Date Filed: 07/13/2020 Page: 2 of 16 Shondolyn Blevins is a federal prisoner who was disciplined after sending an obscene and profanity-laden letter to a correctional officer. She filed a 28 U.S.C. § 2241 petition in the district court raising a host of claims about her disciplinary proceedings and the Bureau of Prisons’ disciplinary rules. The district court dismissed her petition after concluding that she failed to exhaust her administrative remedies and, alternatively, that she was not entitled to habeas relief. This is Blevins’ pro se appeal. We reverse and remand because the district court did not follow the two-step process that this Court set out in Turner v. Burnside, 541 F.3d 1077 (11th Cir. 2008), for deciding whether to dismiss a petition based on administrative exhaustion, and because the district court did not address the merits of the claims that Blevins actually asserted in her petition. I. Blevins is serving a 152-month sentence in federal prison for various drug and firearms crimes. While in custody she sent an “Inmate Request to Staff” to the prison mailroom. The request, which was addressed to “Dumb bitch C. Robert,” said: Dumb ass cracker bitch I am built to last. Old washed out hag. I am not concerned about that little game you played with my DHO hearing. Bitch you better worry about me using everything you do to show a Federal Court how unconstitutional the Disciplinary System is. 2 Case: 18-15127 Date Filed: 07/13/2020 Page: 3 of 16 You see dumb bitch it has always been my argument that the DHO process is unconstitutionally vague and leaves too much room for bureau interpretation and this dumb shit is just what I am speaking of. So bitch come again with something better, because I have 7 motherfucking years left dumb white ho and whether I’m in this cell or on the compound you dick suckers can’t hold me no longer. So kiss my big black ass. I am tired of you dumb ass Tallahassee employees. Yeah bitch write a shot ho I’m going to use it in support of my mental anguish claim. You bitches want to be lowdown and use your authority to hurt somebody. Okay Bitch you hurt me now I’m going to ask a federal judge to make you pay me for this hurt. With your ugly cheap looking dusty ass. I’m 45 how old are you?? You look 75!! She signed the form, “Shondolyn Motherfucking Blevins.” After receiving that message, Officer Roberts filed an incident report charging Blevins with (1) threatening another with harm, ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals