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).

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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an issue with respect to Claim 2, relating to the BOP’s calculation of his sentencing credit, that claim is therefore withdrawn and the clerk is directed to enter judgment and close the case.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

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