Opinion
No. 05 Civ. 4523 (LAK).
July 18, 2005
ORDER
Petitioner has commenced this action for a writ of habeas corpus that, in substance, seeks to invalidate the Bureau of Prisons' February 14, 2005 amendment to 28 C.F.R. § 570.21, the rule governing the designation of inmates to community corrections facilities, and to require respondent to consider transferring him to such a facility without regard to that rule.
This rule and the February 14, 2005 amendment thereto has been the subject of several decisions in this circuit. See, e.g., Moss v. Apker, No 05 Civ. 2676, 2005 WL 1593016 (S.D.N.Y. July 6, 2005), Pimental v. Gonzalez, 367 F. Supp.2d 365 (E.D.N.Y. 2005), Wiesel v. Menifee, 04 Civ. 9681, 2005 WL 1036297 (S.D.N.Y. May 2, 2005). The Second Circuit is scheduled to hear oral argument on August 4, 2005 in Levine v. Menifee, No. 05-2590-pr, on the reasonableness of the Bureau of Prisons' rule at issue in this case. The petition therefore is stayed pending its decision in that case and transferred to the suspense docket.
SO ORDERED.