Bennett v. Bureau of Prisons et al

Filing 10

ORDER: Magistrate Judge Coffin's Findings and Recommendation [#8] is adopted. The petition [#1] is dismissed. Signed on 1/4/2017 by Judge Robert E. Jones. (copy mailed to plaintiff) (kms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

JAMES BENNETT,
No. 3:16-cv-00355-TC
Petitioner,

v.
RICHARD IVES, WARDEN,

ORDER

Respondent.
JONES, District Judge:
Magistrate Judge Thomas Coffin filed Findings and
Recommendation, and the matter is now before this court.
U.S.C. § 636(b) (1) (B), Fed. R. Civ. P. 72(b).
file objections.

de nova.

Petitioner did not

Nonetheless, this court reviews legal principles

See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206

(8th Cir. 1983).

1 - ORDER

See 28

In this petition under 28 U.S.C. § 2241, petitioner contends
the BOP wrongfully terminated him from a UNICOR job as a
disciplinary sanction.

I agree with the Findings and

Recommendation that the habeas corpus petition relates to the
conditions of petitioner's confinement and is properly construed
as a civil rights complaint against federal officials pursuant to
Bivens v. Six Unknown Federal Agents, 403 U.S. 388

(1971).

I also agree with the Findings and Recommendation that
petitioner failed to state a claim for a constitutional violation
because inmates have no due process interest in a UNICOR job.
Baumann v. Arizona, 754 F.2d 841, 846 (9th Cir. 1985).

In

addition, petitioner did not exhaust administrative remedies with
respect to his claims as required by the Prison Litigation Reform
Act, 42 U.S.C. § 1997 (a) (e); 18 U.S.C. § 3626(g) (2); Porter v.
Nussle, 534 U.S. 516, 524-525 (2002).

I adopt the Findings and

Recommendation.
CONCLUSION
Magistrate Judge Coffin's Findings and Recommendation (#8) is
adopted.

The petition (#1) is dismissed.

IT IS SO ORDERED.
DATED this

il'W
\

day of January, 2017.

ROBERT
v JONES
U.S. DISTRICT JUDGE

2 - ORDER