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16-482 - Day v. FCI Berlin, Warden


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16-482 - Day v. FCI Berlin, Warden
February 15, 2018
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REPORT AND RECOMMENDATION re 8 Motion to Dismiss, 9 Motion for Summary Judgment, recommending the district judge should grant the respondent's motion to dismiss (Doc. No. 8) and deny Day's motion for summary judgment (Doc. No. 9). As neither party's motion addresses Day's remaining claims regarding BOP's calculation of his sentence credits, the district judge should not direct that judgment be entered in this case at this time. Follow up on Objections to R&R on 3/1/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by Magistrate Judge Andrea K. Johnstone.(js)
March 6, 2018
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///ORDER approving 13 Report and Recommendation; granting 8 Motion to Dismiss; denying 9 Motion for Summary Judgment. The clerk is directed to enter judgment and close the case. So Ordered by Judge Paul J. Barbadoro.(js) Modified on 3/7/2018 to change date filed from 3/7/18 to 3/6/18 (js).