Opinion
Civ. File. No. 05-2180 (PAM/RLE).
March 23, 2006
MEMORANDUM AND ORDER
This matter is before the Court on Respondent's objections to United States Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation ("RR") dated March 3, 2006. The RR recommended that this Court grant Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, and order Respondent to reconsider when Petitioner should be assigned to a community confinement center. The Court has conducted a de novo review of the Objections and the record. See 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). After the review, the Court finds that the Magistrate Judge correctly found the February 2005 Rules invalid. See Hayek v. Caraway, 2005 WL 3334600 (D. Minn. Dec. 7, 2005). Accordingly, IT IS HEREBY ORDERED THAT:
1. Petitioner's Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Docket No. 1) is GRANTED;
2. Petitioner's Motion for Expedited Review (Docket No. 2) is GRANTED;
3. The RR is ADOPTED (Docket No. 16); and
4. Respondent is directed to reconsider the date when Petitioner should be assigned to a community confinement center in light of the criteria set forth in 18 U.S.C. § 3621(b) and without regard to 28 C.F.R. §§ 570.20 and 570.21.
LET JUDGMENT BE ENTERED ACCORDINGLY.