Bowen v. Daniels

Full title: GERALD BOWEN, Petitioner, v. CHARLES DANIELS, Respondent

Court: United States District Court, D. Oregon

Date published: Sep 3, 2007

Civil No. 07-939-AA (D. Or. Sep. 3, 2007)

Opinion

Civil No. 07-939-AA.

September 3, 2007

ORDER

ANN AIKEN, District Judge

Petitioner alleges in his Petition under 28 U.S.C. § 2241 that the Bureau of Prisons and FCI Sheridan are violating his rights under U.S. v. Gunning, 401 F.3d 1145 (9^th Cir. 2005) by their management of his Inmate Financial Contract and seeks the following relief:

1.) Cease all collection activity;

2.) Identify petitioner as IFRP exempt; and

3.) Vacate all sanctions imposed.

Respondent's Answer states: "[G]iven the language of the Judgment (see Exhibit A of inmate Bowen's petition) and theGunning decision, the restitution payment plan cannot be delegated to the BOP by the court. Based on the above, the BOP will cease collection activity pursuant to IFRP and will identify him as IFRP exempt. This action will place inmate Bowen in the same position as if he were identified as IFRP compliant." Respondent concedes that Inmate Bowen's Petition should be granted.

Accordingly, petitioner's Petition (#2) is allowed. However, respondent's Answer indicates that petitioner has already been provided the relief he requested in his petition and to which he is entitled under 28 U.S.C. § 2241. No further corrective is necessary or appropriate.

This proceeding is dismissed.

IT IS SO ORDERED