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07-1672 - Archibald v. Berkebile


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07-1672 - Archibald v. Berkebile
February 4, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that the District Court GRANT Petitioner's federal petition for writ of habeas corpus to the extent he seeks to invalidate 28 C.F.R. §§ 570.20and 570.21 so as to obtain an individualized review of the five factors set out in 18 U.S.C. §3621(b). The Court should order Respondent through the BOP to consider in good faith whether Petitioner should be transferred to an RRC considering the five factors set out in § 3621(b) as they relate individually to Petitioner without regard to the invalidated regulations, and that such consideration occur within a specific time frame after the acceptance of this recommendation. The Court should otherwise DENY the instant federal petition for writ of habeas corpus. Magistrate Judge Paul D Stickney no longer assigned to case. (Signed by Magistrate Judge Paul D Stickney on 2/4/2008) (mfw) .
February 24, 2008
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ORDER ADOPTING 11 Findings and Recommendation of the United States Magistrate Judge. Respondent's Objections filed on February 13, 2008, are hereby OVERRULED. (Signed by Judge Ed Kinkeade on 2/24/2008) (mfw)