Opinion
NO. 3-04-CV-0147-H
February 3, 2004
FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Petitioner Adolfo Bernardo Dolgiej, an inmate at FCI-Big Spring, seeks a writ of habeas corpus to compel his transfer to a halfway house for the last six months of his sentence. For the reasons stated herein, the application should be denied.
Petitioner is currently serving a 21-month sentence for misprison of a felony. United States v. Dolgiej, No. 2-01-CR-01584-001LH (D.N.M. Nov. 12, 2002).
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 his sentence expires. Consequently, this ground for relief is without merit and should be overruled.