Minotti v. Whitehead

Full title: JON MINOTTI, Plaintiff v. J.D. WHITEHEAD, WARDEN FCI — CUMBERLAND, et al…

Court: United States District Court, D. Maryland

Date published: Oct 31, 2008

Civil Case No. RWT-08-1418, Civil Case No. RWT-08-2084, Civil Case No. RWT-08-1018 (D. Md. Oct. 31, 2008)

Opinion

Civil Case No. RWT-08-1418, Civil Case No. RWT-08-2084, Civil Case No. RWT-08-1018.

October 31, 2008

ORDER

ROGER TITUS, District Judge

Upon consideration of (1) Plaintiff Minotti's Motions for Temporary Restraining Order [Paper No. 25], for Preliminary Injunction [Paper No. 26], and for Injunctive Relief as Conceded [Paper No. 27]; (2) Plaintiff Overman's Motions for Temporary Restraining Order [Paper No. 2] and Preliminary Injunction [Paper No. 3]; (3) Petitioner Floyd's Petition for Writ of Habeas Corpus [Paper No. 1]; and (4) Petitioner Floyd's Motion for Emergency Injunctive Relief [Paper No. 7], Defendant's responses thereto, the arguments presented at the hearing on October 1, 2008, and for the reasons stated in the accompanying Memorandum Opinion, it is this 31st day of October, 2008, by the United States District Court for the District of Maryland,

ORDERED that Plaintiff Minotti's Motions for Temporary Restraining Order [Paper No. 25], for Preliminary Injunction [Paper No. 26], and for Injunctive Relief as Conceded [Paper No. 27] are DENIED; and it is further

ORDERED that Plaintiff Overman's Motions for Temporary Restraining Order [Paper No. 2] and Preliminary Injunction [Paper No. 3] are DENIED; and it is further

ORDERED that Petitioner Floyd's Petition for Writ of Habeas Corpus [Paper No. 1] is DENIED; and it is further

ORDERED that Petitioner Floyd's Motion for Emergency Injunctive Relief [Paper No. 7] is DENIED; and it is further

ORDERED that Defendant's Motion to File Sur-Reply Brief [Paper No. 16] is GRANTED; and it is further

ORDERED that Defendant's Motion for Extension of Time to Respond to Plaintiff Minotti's Amended Supplemental Brief [Paper No. 17] is DENIED AS MOOT, the case then having been transferred from the United States District Court for the District of Columbia to the United States District Court for the District of Maryland; and it is further

ORDERED that the Court adjudges and declares that the BOP's Final Rule published at 65 Fed. Reg. 80745 (Dec. 22, 2000), which adopted 28 C.F.R. § 550.58 (1997) as final without change, and Program Statement 5162.04 are valid and lawful in all respects; and it is further

ORDERED that final judgment is entered in all cases in favor of all Defendants; and it is further

ORDERED that the Clerk of this Court is directed to CLOSE the above cases.