Wedelstedt v. Wiley

Filing 9

ORDER denying 2 Motion for TRO, denying 2 Motion to Expedite . Signed by Judge Wiley Y. Daniel on 7/26/06. (erv, )

Wedelstedt v. Wiley

Doc. 9

Case 1:06-cv-01337-WYD

Document 9

Filed 07/26/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Civil Action No. 06-cv-01337-WYD EDW ARD J. WEDELSTEDT, Petiti oner, v. RON WILEY, Warden, Federal Correctional Institution ­ Camp Florence, Colorado, Respondent.

ORDER

Petitioner has filed through counsel a " etition for Writ of Habeas Corpus Under P 28 U.S.C. § 2241 by a Prisoner in Federal Custody"and a " otion for a Temporary M Restraining Order or, in the Alternative, an Expedited Briefing and Argument Schedule on His Petition for Writ of Habeas Corpus." Petitioner is a prisoner in the custody of the United States Bureau of Prisons (BOP). Petitioner is challenging a BOP rule that prevents him from being placed in a community-based facility prior to the last ten percent of his sentence. Petitioner argues that he should be eligible for such a placement on November 10, 2006. However, he asserts that the BOP has determined he is not eligible for such a placement until April 2007. He seeks a temporary restraining order to prohibit Respondent from enforcing the rule against him or, in the alternative, an expedited briefing and argument schedule to prevent his claim from becoming moot. I already have entered an order directing Respondent to show cause

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Case 1:06-cv-01337-WYD

Document 9

Filed 07/26/2006

Page 2 of 2

by August 4, 2006, why the petition should not be granted. Petitioner' request for a temporary restraining order will be denied. A party s seeking a temporary restraining order must demonstrate clearly, with specific factual all egations, that immediate and irreparable injury will result unless a temporary restraining order is issued. See Fed. R. Civ. P. 65(b). Petitioner fails to demonstrate that any immediate and irreparable injury will result in the absence of an order restraining Respondent from enforcing the rule against Petitioner. According to Petitioner' own calculations, he is not eligible for a community-based placement until s November 10, 2006. Petitioner' alternative request for an expedited briefing and argument schedule s also will be denied. As noted above, Respondent already has been ordered to show cause by August 4, 2006, why the petition should not be granted. At this time it is not clear what further briefing and/or argument may be necessary. Therefore, it would be premature to set a briefing and argument schedule. Accordingly, it is ORDERED that the " otion for a Temporary Restraining Order or, in the M Alternative, an Expedited Briefing and Argument Schedule on His Petition for Writ of Habeas Corpus"filed on July 11, 2006, is DENIED. Dated: July 26, 2006 BY THE COURT: s/ Wiley Y. Daniel W il ey Y. Daniel U. S. District Judge

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