Andrews v. Quintana

Filing 4

MEMORANDUM OPINION & ORDER: IT IS ORDERED: 1. Andrew's petition for writ of habeas corpus 1 is DENIED; 2. This action is DISMISSED & STRICKEN from the Court's docket; 3. A corresponding judgment will be entered this date. Signed by Judge Karen K. Caldwell on 6/6/2017.(KM)cc: Pet. via U.S. mail

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON ASHLEY ANDREWS, Civil Action No. 5: 17-209-KKC Petitioner, V. MEMORANDUM OPINION AND ORDER FRANCISCO QUINTANA, Warden, Respondent. ** ** ** ** ** ** Ashley Andrews is an inmate at the Federal Medical Center in Lexington, Kentucky. Proceeding without an attorney, Andrews filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [R. 1]. Andrews indicates in his petition that he suffers from serious medical problems and, as a result, asked the Bureau of Prisons (BOP) to help him obtain a compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). However, the BOP ultimately denied Andrews’s request. [R. 1-2 at 8]. While Andrews now seeks habeas relief, this Court does not have the authority to review the BOP’s decision refusing to help Andrews obtain a compassionate release. That is because the Sixth Circuit has held “that a federal court lacks authority to review a decision by the BOP to not seek a compassionate release for an inmate under § 3582(c)(1)(A)(i).” Crowe v. United States, 430 F. App’x 484, 485 (6th Cir. 2011). Accordingly, IT IS ORDERED that: 1. Andrews’s petition for a writ of habeas corpus [R. 1] is DENIED. 2. This action is DISMISSED and STRICKEN from the Court’s docket. 3. A corresponding judgment will be entered this date. Dated June 6, 2017. 2

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