Opinion
CV 07-371-MA.
August 8, 2007
GARY DEAN MISHLER, Federal Register No. 29313-112, Federal Correctional Institution, Sheridan, Oregon, Petitioner, Pro Se.
KARIN J. IMMERGUT, United States Attorney, SCOTT ERIK ASPHAUG, Assistant United States Attorney, United States Attorney's Office, District of Oregon, Portland, OR, Attorneys for Respondent.
OPINION AND ORDER
Petitioner, an inmate in the custody of the Federal Bureau of Prisons (BOP), currently housed at the Federal Correctional Institution (FCI) Sheridan, brings this habeas corpus proceeding pursuant to 28 U.S.C. § 2241.
Petitioner seeks an order requiring the BOP to cease collecting restitution payments from him, which are currently being collected pursuant to the Inmate Financial Responsibility Program (IFRP), and to identify petitioner as "IFRP exempt".
By his Answer, dated May 21, 2007, Respondent acknowledged Petitioner is entitled to the relief requested. However, Respondent argued that the court should not grant the writ because the BOP would voluntarily grant the relief Petitioner requested. On June 6, 2007, however, Petitioner filed a pro se Reply indicating prison officials expressly refused to honor the position taken in Respondent's Answer.
Based upon the concession in Repondent's Answer, the court hereby GRANTS Petitioner's Petition for Writ of Habeas Corpus, and ORDERS the BOP to cease collecting restitution payments from Petitioner, and to identify petitioner as "IFRP exempt."
IT IS SO ORDERED.