Opinion
Case No. 05-71990.
December 16, 2005
OPINION AND ORDER
Petitioner Randall E. Lucas ("Petitioner"), a federal prisoner currently incarcerated at the Federal Correctional Institution in Milan, Michigan, filed a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on May 19, 2005. Petitioner challenges the Bureau of Prison's ("BOP's") calculation of his good time credit, contending that the BOP's calculation violates 18 U.S.C. § 3624(b). This Court referred the petition to Magistrate Judge Paul Komives.
On November 3, 2005, Magistrate Judge Komives filed his Report and Recommendation (RR) recommending that this Court deny the petition for habeas corpus relief. Magistrate Judge Komives concludes that the BOP's interpretation of 18 U.S.C. § 3624(b) is permissible, as that interpretation has been upheld by every Court of Appeals that has considered the question, including the Sixth Circuit in unpublished opinions. At the conclusion of the RR, Magistrate Judge Komives advised the parties that they may object and seek review of the RR within ten days of service upon them. He further specifically advised the parties that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." RR at 10 ( citing Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec'y of Health Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981)). Neither party filed objections to the RR.
The Court has carefully reviewed the RR and concurs with the conclusions reached by Magistrate Judge Komives. The Court notes that the Sixth Circuit issued a published opinion on September 19, 2005, holding that the BOP's interpretation of Section 3624(b) is permissible. Petty v. Stine, 424 F.3d 509 (6th Cir. 2005). Accordingly,
IT IS ORDERED, that Petitioner's Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is DENIED.