Day v. FCI Berlin, Warden

Filing 15

///ORDER approving 13 Report and Recommendation; granting 8 Motion to Dismiss; denying 9 Motion for Summary Judgment. The clerk is directed to enter judgment and close the case. So Ordered by Judge Paul J. Barbadoro.(js) Modified on 3/7/2018 to change date filed from 3/7/18 to 3/6/18 (js).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

William Quin-Anthony Day
Case No. 16-cv-482-PB

v.
Robert Hazlewood, Warden, FCI Berlin

O R D E R

After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated February 15, 2018, and grant respondent’s
motion to dismiss (Doc. No. 8) and deny petitioner’s motion for
summary judgment (Doc. No. 9).

As the petitioner has indicated

in his objection that there is no longer an issue with respect
to Claim 2, relating to the BOP’s calculation of his sentencing
credit, that claim is therefore withdrawn and the clerk is
directed to enter judgment and close the case.

/s/ Paul Barbadoro
____________________________
Paul J. Barbadoro
United States District Judge
Date: March 6, 2018

cc: William Quin-Anthony Day, pro se
Seth Aframe, AUSA