Opinion
Civil Action No. 05-379J.
June 28, 2006
Report and Recommendation
Recommendation
This is another petition inspired by White v. Scibana, 314 F.Supp.2d 834 (W.D.Wisc.), reversed, 390 F.3d 997 (7th Cir. 2004), in which a federal prisoner seeks additional statutory good time credits. I recommend that the petition be summarily dismissed without service. See 28 U.S.C. § 2243.
Report
Petitioner, incarcerated on a federal sentence at F.C.I. Loretto, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, asserting that the Bureau of Prisons is improperly computing the good conduct time (GCT) credited and to be credited to him under 18 U.S.C. § 3624(b). He argues that under the statute he should receive 54 days of GCT per year of his sentence based on the terms of imprisonment stated in the judgment imposed by the court, and that the Bureau of Prisons Program Statement 5880.28, which awards credit at the end of the year of the term of an inmate's imprisonment, shortchanges him by about 7 days per year of his 16 year sentence.
On several occasions this court has addressed the identical issue, and the correctness of the Bureau of Prisons' calculation of GCT is now settled law in this and nine other circuits. See e.g., O'Donald v. Johns, C.A. No. 03-164J (W.D.Pa. June 10, 2004, adopting Report and Recommendation June 1, 2004),aff'd, 402 F.3d 172 (3d Cir. 2005), cert. denied sub nom. Moreland v. Federal Bureau of Prisons, 126 S.Ct. 1906 (2006). There are no new arguments raised in this petition, and the petitioner's legal analysis is similar to that presented in similar petitions in 2004, before O'Donald. The petition should be dismissed.
Pursuant to 28 U.S.C. § 636(b) (1), the petitioner is given notice that he has ten days to serve and file written objections to this Report and Recommendation.