Biddy v. Outlaw

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 and dismissing the petition for a writ of habeas corpus without prejudice. Signed by Judge D. P. Marshall Jr. on 8/21/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

PETITIONER

MICHAEL BIDDY
REG.# 42340-074

v.

No. 2:12-cv-108-DPM-JJV

T.C. OUTLAW
Warden, FCI-Forrest City

RESPONDENT
ORDER

Biddy has filed a habeas petition challenging a Bureau of Prisons' policy
that categorically denies an RDAP sentence reduction to inmates serving time
for a crime that includes firearm possession. He has objected to Magistrate
Judge Joe J. Volpe's recommendation, Document No. 8, that his petition be
dismissed for failure to exhaust. On de novo review, FED. R. CIV. P. 72(b)(3),
the Court adopts Judge Volpe's recommendation in full.
Biddy makes a poor case for excusing his failure to exhaust. It appears
that he filed his habeas petition some three months after he was denied at
Step 2 of the three-step process. Document No. 6-1, at 11. And without
deciding the merits of the petition, the Court notes that the Bureau supplied
reasons for excluding firearms offenders from early-release eligibility when

it revised the early-release rule in 2009. Drug Abuse Treatment Program:
Subpart Revision and Clarification and Eligibility of D.C. Code Felony
Offenders for Early Release Consideration, 74 Fed. Reg. 1892, 1895 (14 Jan.
2009) (discussing changes to a rule codified at 28 C.P.R.§ 550.55).
Recommended disposition, Document No.8, adopted in full. Biddy's
petition for a writ of habeas corpus is dismissed without prejudice.
So Ordered.

D.P. MarshalifrO
United States District Judge
21 August 2012

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