Twitty v. Beasley

Filing 6

ORDER adopting 4 Recommendation and overruling 5 Objections. Twitty's petition will be dismissed without prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 8/23/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MICHAEL TWITTY
Reg #40460-044

v.

PETITIONER
No. 2:17-cv-121-DPM

G. BEASLEY, Warden, FCI - Forrest City Low

RESPONDENT

ORDER
On de nova review, the Court adopts Magistrate Judge Volpe's
recommendation, NQ 4, and overrules Twitty' s objections, NQ 5.

FED.

R. CIV.

P. 72(b )(3). Twitty believes that the public safety factor makes him" ineligible
for the year off" his sentence. NQ 5. But placement in community confinement
wouldn't affect the length of Twitty' s sentence; he'd just be serving his time
in a different type of facility. E.g., 18 U.S.C. § 3624(c)(l). While that may feel
like a "year off" to Twitty, the distinction makes a difference under the law.
Twitty' s petition will therefore be dismissed without prejudice. No certificate
of appealability will issue. 28 U.S.C. § 2253(c)(l)-(2).

So Ordered.

D.P. Marshall Jr. f
United States District Judge

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