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15-062 - Brinson v. O'Brian


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15-062 - Brinson v. O'Brian
January 26, 2017
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REPORT AND RECOMMENDATION re 14 MOTION to Dismiss or for MOTION for Summary Judgment filed by Terry O'Brian, 1 Petition for Writ of Habeas Corpus filed by Robert Kenneth Brinson: The Magistrate Judge RECOMMENDS that Respondent's Motion be DENIED and Petitioner's Petition be GRANTED. It is further RECOMMENDED that the BOP be directed to recalculate Petitioner's sentence to award him credit for the time he spent in State custody after 9/23/1993 against the 87-month sentence imposed by the District of South Carolina and the 240-month sentence imposed by the Western District of North Carolina. Written objections may be filed within 14 days after being served. Signed by Magistrate Judge Michael John Aloi on 1/26/17. (Attachments: # (1) Certified Mail Return Receipt)(copy Petitioner)(cnd)
February 21, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Aloi's 29 Report and Recommendation is ADOPTED; Respondent's 14 Motion to Dismiss or for Summary Judgment is DENIED. This Court GRANTS Petitioner's 1 Petition and hereby DIRECTS the BOP to recalculate the Petitioner's sentence to award him credit for the time spent in State custody after 9/23/1993 against the 87-month sentence imposed by the District of South Carolina and the 240-month sentence imposed by the Western District of North Carolina. This Court further DIRECTS the Clerk to enter judgment in favor of the Petitioner and to STRIKE this case from the active docket. Signed by District Judge John Preston Bailey on 2/21/17. (Attachments: # (1) Certified Mail Return Receipt)(copy Petitioner, BOP&USP Hazelton)(cnd)