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United States v. McKibbin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
Oct 13, 2016
Case No. 2:13-CR-206 TS (D. Utah Oct. 13, 2016)

Opinion

Case No. 2:13-CR-206 TS

10-13-2016

UNITED STATES OF AMERICA, Plaintiff, v. JAMES ELLISON McKIBBIN, Defendant.


MEMORANDUM DECISION AND ORDER DISMISSING MOTION FOR LACK OF SUBJECT MATTER JURISDICTION

This matter is before the Court on Defendant's Motion to Change Requirements During Incarceration. Defendant seeks to change the amount restitution he is paying while incarcerated. In doing so, Defendant challenges the Bureau of Prisons determination in implementing the Inmate Financial Responsibility Program. Such challenges must be filed under 28 U.S.C. § 2241, after exhausting all administrative remedies, in the district in which Defendant is incarcerated. As such, this Court lacks jurisdiction to consider his request and his Motion will be dismissed.

It is therefore

ORDERED that Defendant's Motion to Change Requirements During Incarceration (Docket No. 19) is DISMISSED FOR LACK OF JURISDICTION.

DATED this 13th day of October, 2016.

BY THE COURT:

/s/_________

Ted Stewart

United States District Judge

See United States v. Diggs, 578 F.3d 318, 319-20 & * n.1 (5th Cir. 2009) (collecting cases).


Summaries of

United States v. McKibbin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
Oct 13, 2016
Case No. 2:13-CR-206 TS (D. Utah Oct. 13, 2016)
Case details for

United States v. McKibbin

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JAMES ELLISON McKIBBIN, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

Date published: Oct 13, 2016

Citations

Case No. 2:13-CR-206 TS (D. Utah Oct. 13, 2016)