Ghertler v. Federal Bureau of Prisons

Filing 90

ORDER: 1. The report 80 of MJ Carlson is ADOPTED in its entirety.2. Ghertlers petn 1 is GRANTED to the limited extent he seeks expungement of the disciplinary citation for escape.3. The Fed Bureau of Prisons is directed to EXPUNGE the citation fo r escape issued 9/18/06, from Ghertlers disciplinary record.4. Nothing set forth herein shall prevent prison officials from consideringGhertlers prior misdeeds, including facts relating to his allegeddisappearance from a halfway house in September of 2006, his subsequent reincarceration, and any other misconduct, as part of the discretionary disciplinary calculus undertaken by Bureau of Prisons officials in making placement and prerelease decisions.5. Ghertlers petition 1 is DISMISSED in all other respects.6. The Clerk of Court is directed to CLOSE this case.7. A certificate of appealability is DENIED. Signed by Chief Judge Christopher C. Conner on 08/15/14. (ma)

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