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)

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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.ยง 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 -2-

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