Sacora v. Thomas

Filing 58

JUDGMENT IN A CLASS ACTION: Based on the Record, IT IS ORDERED AND ADJUDGED, the second amended petition for writ of habeas corpus (# 56 ) is GRANTED IN PART AND DENIED IN PART as follows: GRANTED with respect to those mem bers of the inmate class who have been or will be considered for pre-release RRC placement in that the court declares that the October 2008 regulations, 28 C.F.R. §§ 570.20-22 are invalid; the BOP is enjoined from considering inmates for pr e-release RRC placement pursuant to 28 C.F.R. §§ 570.20-22 until such time as regulations are promulgated in accordance with 5 U.S.C. § 553(b); in all other respects, the second amended petition (# 56 ) is DENIED. Signed on June 16th, 2010 by Judge Malcolm F. Marsh. (eo)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION TIM RAY SACORA, Petitioner, LARRY L. BEAMAN and TODD SONOBE, PetitionersIntervenors v. J.E. THOMAS, Warden, FCI Sheridan, Respondent. MARSH, Judge Based on the Record, IT IS ORDERED AND ADJUDGED, the second amended petition for writ of habeas corpus (#56) is GRANTED IN PART AND DENIED IN PART as follows: GRANTED with respect to those members of the inmate JUDGMENT IN A CLASS ACTION CV. 08-578

class who have been or will be considered for pre-release RRC placement in that the court declares that the October 2008

regulations, 28 C.F.R. §§ 570.20-22 are invalid; the BOP is enjoined from considering inmates for pre-release RRC placement pursuant to 28 C.F.R. §§ 570.20-22 until such time as regulations

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are promulgated in accordance with 5 U.S.C. § 553(b); in all other respects, the second amended petition (#56) is DENIED. IT IS SO ORDERED. DATED this _16_ day of JUNE, 2010.

_/s/ Malcolm F. Marsh_______ Malcolm F. Marsh United States District Judge

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