Dutra v. United States of America

Filing 2

OPINION AND ORDER denying 1 Petition for writ of habeas corpus filed by Rodney L Dutra. The Clerk shall close the civil case. Signed by Judge John E. Steele on 1/26/2006. (RKM)

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Dutra v. United States of America Doc. 2 Case 2:06-cv-00048-JES-DNF Document 2 Filed 01/26/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION UNITED STATES OF AMERICA vs. 2:06-cv-48-FtM-29DNF 2:04-cr-38-FtM-29DNF RODNEY DUTRA _____________________________ OPINION AND ORDER This matter comes before the Court on defendant's Writ of Habeas Corpus to Move to a New Facility in the State of Florida Per Court Agreement (Doc. #1), filed on January 23, 2006. The Court recommended that the Bureau of Prisons locate defendant in a facility as close to home (Florida) as possible. not to follow that recommendation. The Bureau chose The location where a person is to serve his sentence is a matter within the purview of the Bureau of Prisons. A federal court has no authority to designate the location where a prisoner will be incarcerated; that function belongs to the Bureau of Prisons. 18 U.S.C. 3621(b); Abdul-Malik v. Hawk-Sawyer, 403 F.3d 72 (2d Cir. 2005); United States v. Voda, 994 F.2d 149, 151-52 (5th Cir. 1993). There was no agreement in this case that defendant be housed in a facility in Florida, only a recommendation. Accordingly, it is now ORDERED: Dockets.Justia.com Case 2:06-cv-00048-JES-DNF Document 2 Filed 01/26/2006 Page 2 of 2 1. Defendant's Writ of Habeas Corpus to Move to a New Facility in the State of Florida Per Court Agreement (Doc. #1) is DENIED and the Clerk shall close the civil case. 2. The Clerk of the Court shall place of copy of this Order in the criminal file. DONE AND ORDERED at Fort Myers, Florida, this January, 2006. 26th day of Copies: AUSA Rodney Dutra -2-

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