Howard v. Rectenwald

Petitioner: Robert Howard
Respondent: Monica Rectenwald
 
Case Number: 3:2013cv01098
Filed: April 25, 2013
 
Court: Pennsylvania Middle District Court
Office: Scranton Office
County: Union
Referring Judge: SF
Presiding Judge: Robert D. Mariani
 
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
July 31, 2013 12 Opinion or Order of the Court 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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Petitioner: Robert Howard
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Respondent: Monica Rectenwald
Represented By: Mark Morrison
Represented By: Anthony Scicchitano
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