Penn v. Warden, FCI

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations. Petition is Dismissed with Prejudice. Signed by Chief District Judge Daniel P. Jordan, III on 7/2/18 (Copy mailed to Plaintiff)(MGB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
ALVIN PENN
V.

PLAINTIFF
CIVIL ACTION NO. 3:16-CV-650-DPJ-FKB

WARDEN UNKNOWN BLACKMON

DEFENDANT
ORDER

Petitioner Alvin Penn challenges the computation of his sentence pursuant to 18 U.S.C. §
2241, claiming the Bureau of Prisons has failed to give him credit for time spent in state custody.
Magistrate Judge F. Keith Ball, in his Report and Recommendation (“R&R”) [12],
recommending denying relief and dismissing the petition. Specifically, Judge Ball found that
Penn had not established that credit was due under 18 U.S.C. § 3585.
Penn did not file an Objection, and the time to do so has passed.1 The Court agrees with
the conclusion reached by Judge Ball and adopts the R&R [12] in its entirety. The petition is
dismissed with prejudice. A separate judgment will be entered in accordance with Federal Rule
of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 2nd day of July, 2018.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE

The R&R was returned as undeliverable on June 20, 2018. Returned Mail [13]. Penn is under a
continuing obligation to keep the Court apprised of his current address, or he is at risk of
dismissal without further warning. Order [3] (“[F]ailure to advise this Court of a change of
address or failure to timely comply with any Order of this Court will result in this cause being
dismissed.”); see Order [5] (same). Accordingly, dismissal is also appropriate for failure to
comply with the Court’s orders. See Link v. Wabash R.R., 370 U.S. 626, 630–31 (1962);
McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988).
1