Summary
dismissing habeas petition seeking transfer to halfway house
Summary of this case from Cheney v. U.S.Opinion
No. 3-04-CV-1261-L.
June 22, 2004
FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Petitioner Lisa DaMommio, an inmate at FMC Carswell, seeks a writ of habeas corpus to compel her transfer to a halfway house for the last six months of her sentence. For the reasons stated herein, the application should be denied.
Petitioner is currently serving a 24-month sentence for tax evasion and theft of government property. United States v. DaMommio, No. 3-02-CR-158 (N.D. Tex. Jan. 15, 2003).
A prisoner does not have a constitutional right to incarceration in a particular place or at a particular institution. See Olim v. Wakinekona, 461 U.S. 238, 245-46, 103 S.Ct. 1741, 1745-56, 75 L.Ed.2d 813 (1983); Meachum v. Fano, 427 U.S. 215, 224-25, 96 S.Ct. 2532, 2538, 49 L.Ed.2d 451 (1976). This is an administrative decision left to prison officials and is not actionable under 28 U.S.C. § 2241. See Beck v. Wilkes, 589 F.2d 901, 907 (5th Cir.), cert. denied, 100 S.Ct. 90 (1979); Hutchens v. Alabama, 466 F.2d 507, 508 (5th Cir. 1972). The Bureau of Prisons has the authority to assign petitioner to any institution until her sentence expires. Consequently, this ground for relief is without merit and should be overruled. See Dolgiej v. Haro, 2004 WL 243027 at *1 (N.D. Tex. Feb. 3, 2004), rec. adopted, 2004 WL 637936 (N.D. Tex. Feb. 19, 2004) (dismissing habeas petition seeking transfer to halfway house).
RECOMMENDATION
It plainly appears from the face of the pleadings that petitioner is not entitled to relief. Accordingly, her application for writ of habeas corpus should be summarily denied.