PEEK v. JULIAN et al
| WILLIAM PEEK |
| BUREAU OF PRISONS and S. JULIAN |
| 2:2017cv00341 |
| July 19, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Prisoner: Civil Rights |
| 05 U.S.C. ยง 702 Administrative Procedure Act |
| None |
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Filing
23
Entry Granting Motion to Dismiss and Directing Entry of Final Judgment - The petitioner brought this action pursuant to the Administrative Procedures Act ("APA"), 5 U.S.C. § 702, against S. Julian of the Bureau of Prisons seeking a reduction in his sentence based on his completion of a program. He originally filed this action in the Eastern District of Michigan and filed an identical action in the Southern District of Indiana. Case No. 2:17-cv-183-LJM- MJD. Finding that the p etitioner is not entitled to that relief, this Court dismissed that action. Then, the action in the Eastern District of Michigan was transferred to this Court and the respondent filed a motion to dismiss, dkt. 18 . The petitioner responded to the motion to dismiss by filing a motion for summary judgment, dkt. 21 , and the defendant responded in opposition to the plaintiff's motion, dkt. 22 . The petitioner has failed to state a viable claim for relief under the APA, the defendant's motion to dismiss, dkt. 18 , is granted and this action must be dismissed. Judgment consistent with this Entry shall issue now. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 12/27/2017.(RSF)
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