Cruz v. Walsh

Filing 36

ORDER: for 19 Motion to Withdraw, Motion to Amend/Correct filed by David Cruz, 17 Report and Recommendations: For the foregoing reasons, the Court: (1) adopts in full Magistrate Judge Freeman's Report and Recommendation (Dkt. No. 17); (2) de nies Cruz's request for an evidentiary hearing (Dkt. No. 28); (3) denies all claims raised in Cruz's 2010 amended petition (Dkt. No. 4); and (4) denies in part and grants in part Cruz's motion to amend his petition (Dkt. No. 19). Cruz& #039;s 2010 amended petition is hereby deemed to be amended to include only his claim that the BOP erroneously removed credit toward his federal sentence for time spent in the custody of the New York Department of Corrections between July 17, 1995 an d May 13, 1996. The motion to amend (Dkt. No. 19) is otherwise denied. Cruz's 2013 petition, construed as a motion to amend, is dismissed as moot. (Cruz v. Hollingsworth, 14-cv-1328, Dkt. No. 1.) On or before April 24, 2014, respondents shall an swer Cruz's petition as amended above. The answer shall include evidence beyond that currently in the record regarding how, if at all, the New York Department of Corrections gave Cruz credit toward any of his New York state sentences for the per iod in question. The answer shall also explain more clearly the details underlying Cruz's various New York state sentences, including the minimum and maximum terms, the dates served, and how any time was credited to those sentences. On or befor e May 27, 2014, Cruz may file and serve a reply to respondents' answer. Bureau of Prison answer due 4/24/2014; Eric Pfisterer answer due 4/24/2014; James Walsh answer due 4/24/2014. (Replies due by 5/27/2014.) (Signed by Judge Sidney H. Stein on 3/24/2014) (tn)