Andrews v. Quintana
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
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
Civil Action No. 5: 17-209-KKC
FRANCISCO QUINTANA, Warden,
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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:
Andrews’s petition for a writ of habeas corpus [R. 1] is DENIED.
This action is DISMISSED and STRICKEN from the Court’s docket.
A corresponding judgment will be entered this date.
Dated June 6, 2017.
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