Solliday v. Director of Bureau of Prisons et al
Filing
52
ORDER ADOPTING REPORT AND RECOMMENDATIONS 48 . IT IS HEREBY ORDERED that: 1. Defendants' Motion to Dismiss 25 is GRANTED; and 2. Plaintiffs Motion to Amend her Complaint 33 is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Chief Judge Michael J. Davis on 9/4/12. (GRR)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Myra Catherine Solliday,
Plaintiff,
v.
ORDER
Civil No. 11‐2350 (MJD/JJG)
Director of Bureau of Prisons, et al.,
Defendants.
_______________________________________________________________
The above‐entitled matter comes before the Court on Plaintiff’s objection to
the Report and Recommendation of United States Magistrate Judge Jeanne J.
Graham dated July 27, 2012. The Plaintiff objects to the Magistrate Judge’s
recommendation that the Defendants’ motion to dismiss be granted. Plaintiff
argues that her “objective in this cause is the denial of the § 3582(c).” (Plaintiff’s
Objections, p. 1 [Doc. No. 49]). Plaintiff believes she has met all the criteria to
qualify for a sentence reduction, and that she is suing the Defendants in their
personal and official capacities. Plaintiff argues that Warden English at FCI
Waseca approved her request for a sentence reduction under 18 U.S.C. § 3582(c),
and forwarded her recommendation to the Regional Director. The Regional
Director ultimately denied the request.
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Pursuant to statute, the Court has conducted a de novo review of the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based on that review, the Court
will adopt the Report and Recommendation in its entirety. The Magistrate Judge
correctly found that a district court does not have jurisdiction to review the
decision of the Bureau of Prisons to not seek a compassionate release for an
inmate under 18 U.S.C. § 3582(c)(1)(A)(i). Accordingly,
IT IS HEREBY ORDERED that:
1.
Defendants’ Motion to Dismiss [Doc. No. 25] is GRANTED; and
2.
Plaintiff’s Motion to Amend her Complaint [Doc. No. 33] is
DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: September 4, 2012
s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court
Civil No. 11‐2350
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