Howard v. Rectenwald
Filing 12
ORDER ADOPTING REPORT AND RECOMMENDATIONS 1) Howard's Objections 10 are overruled. The Unit Team's recommendation of six months of Residential Re-entry Center/home confinement placement 10 was not a final placement decision, and therefo re, Howard's Petition is not yet ripe. 2) The Report & Recommendation 9 is adopted. Howard's Petition, even if ripe, would fail on the merits because the discretionary decision by the Bureau of Prisons did not violate any rights guarantee d to him by the Constitution, and the Second Chance Act does not compel the Bureau of Prisons to provide Petitioner a full year of Residential Re-entry Center/home confinement placement. 3) Accordingly, Ryan's Petition for Writ of Habeas Corpus 1 is denied. 4) A Certificate of Appealability will not issue. 5) The Clerk of Court is directed to close the case. Signed by Honorable Robert D. Mariani on 7/31/13. (ts)
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