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)
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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