Bialostok v. Apker

Full title: MILTON BIALOSTOK Petitioner, v. CRAIG APKER, Respondent

Court: United States District Court, S.D. New York

Date published: Oct 3, 2005

05 Civ. 2698 (RJH) (S.D.N.Y. Oct. 3, 2005)

Opinion

05 Civ. 2698 (RJH).

October 3, 2005

OPINION AND ORDER

RICHARD HOLWELL, District Judge

Having received and considered petitioner's motion for reconsideration, the Court reaffirms its prior holding that petitioner's CCC placement date was set pursuant to the so-called "2005 Policy". See Bialostok v. Apker, 2005 WL 1946480, *1 n. 5 (S.D.N.Y. Aug. 12, 2005). The Court also reaffirms its holding that the 2005 Policy is a valid exercise of the BOP's discretion pursuant to 18 U.S.C. §§ 3621(b) and 3624(c). Id., at *4-*5. Accordingly, petitioner's motion [13] is denied.

SO ORDERED.