Brinson v. O'Brian

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Aloi's 29 Report and Recommendation is ADOPTED; Respondent's 14 Motion to Dismiss or for Summary Judgment is DENIED. This Court GRANTS Petitioner's [1 ] Petition and hereby DIRECTS the BOP to recalculate the Petitioner's sentence to award him credit for the time spent in State custody after 9/23/1993 against the 87-month sentence imposed by the District of South Carolina and the 240-month sent ence imposed by the Western District of North Carolina. This Court further DIRECTS the Clerk to enter judgment in favor of the Petitioner and to STRIKE this case from the active docket. Signed by District Judge John Preston Bailey on 2/21/17. (Attachments: # 1 Certified Mail Return Receipt)(copy Petitioner, BOP&USP Hazelton)(cnd)

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