Summary
holding that 18 U.S.C. § 3625 precluded judicial review of BOP's decision to assign the plaintiff a PSF
Summary of this case from Lee v. EnglishOpinion
C.A. No. 07-97 Erie.
September 10, 2008
MEMORANDUM ORDER
A petition for writ of habeas corpus was received by the Clerk of Court on May 4, 2007, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates [Doc. #3]. Thereafter, on July 12, 2007, the Petitioner Kenneth Burnam ("Petitioner") filed an amended petition ("the first amended petition") [Doc. #7]. Later, on September 24, 2007, the Petitioner filed a second amendment to his petition ("the second amended petition") [Doc. #16]. Finally, on November 27, 2007, the Petitioner filed a Traverse which clarified the claim raised in the second amended petition [Doc. #23].
The magistrate judge's report and recommendation, filed on May 16, 2008, recommended that all claims raised by the Petitioner in his petition for writ of habeas corpus, first amended petition, and second amended petition be denied, and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail at FCI Lompoc, where he is incarcerated, and on Respondents. Objections were filed by the Petitioner on August 5, 2008 [Doc. # 37].
After de novo review of the petition for writ of habeas corpus, first amended petition, and second amended petition, as well as all other documents in the case, together with the report and recommendation and objections thereto, the report and recommendation of Magistrate Judge Baxter, dated May 15, 2008 is adopted as the opinion of the court. Therefore, the following order is entered:
AND NOW, this 10th day of September, 2008;
It is HEREBY ORDERED, ADJUDGED, and DECREED that the Petition for Writ of Habeas Corpus [Doc. #3], the first amended petition [Doc. #7], and the second amended petition [Doc. #16] are DENIED.
It is further HEREBY ORDERED, ADJUDGED, and DECREED that a certificate of appealability is DENIED.