Howard v. Rectenwald

Howard v. Rectenwald

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

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Date Filed	Document Text
July 31, 2013	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)

Date Filed

Document Text

July 31, 2013

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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Petitioner: Robert Howard
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Respondent: Monica Rectenwald
Represented By:	Mark Morrison
Represented By:	Anthony Scicchitano
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