Maya-Gonzales v. Hastings

Filing 12

ORDER ADOPTING the Magistrate Judge's 9 Report and Recommendation. Petitioner's Objections are overruled. Petitioner's petition for writ of habeas corpus is DENIED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 8/11/2014. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

CARLOS MAYA-GONZALES,
Petitioner,
I

CIVIL ACTION NO.: CV214-057

VS.

SUZANNE R. HASTINGS, Warden,
Respondent.
ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner
filed Objections. In his Objections, Petitioner asserts that Dr. Joshua Childers declared
in his declaration that he (Petitioner) denied any problematic use of alcohol or illicit
substances within the year prior to his arrest, yet Petitioner's Pre-Sentence Investigation
report ("PSI") does not reflect this. Petitioner contends that his PSI reflects that he used
Percocet (Oxycodone) within one (1) year of his arrest.
Petitioners PSI reflects that he "experimented with Percocet (Oxycodone) at age
38." (Doc. No. 11, p. 5) (emphasis supplied). Contrary to Petitioner's desire to have it
otherwise, the Bureau of Prisons has "substantial discretion" to assign prisoners to
substance abuse programs, and BOP staff members are allowed to review records for a
verifiable substance use disorder. 28 C.F.R. § 550.53. Childers exercised this

AO 72A
(Rev 8/82)

discretion to determine that Petitioner is not eligible for entry into the Residential Drug
Abuse Program ('RDAP'). Petitioner has not shown that Childers abused his discretion
in making this determination.
Petitioner's Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Petitioners petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DENIED. The Clerk of Court is
directed to enter the aPProPria\e judgment of is

SO ORDERED, this

day of _

2014.

ISA GODBEY WOOD, CHIEF JUDGE
N1TE,D STATES DISTRICT COURT
0U7'HERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8(82)

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