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Valencia-Hernandez v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 10, 2009

ELIAS VALENCIA-HERNANDEZ, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER DENYING PETITIONER'S REQUEST FOR TRANSFER TO A CORRECTIONAL FACILITY IN THE DISTRICT OF CALIFORNIA (Doc. No. 187)

On December 30, 2008, Elias Valencia-Hernandez ("Petitioner"), a federal inmate at the Giles W. Dalby Correctional Facility in Texas, filed a request for transfer to a facility in the District of California to be closer to his family. The court denies Petitioner's request as the court does not have the authority to transfer Petitioner to a different correctional facility. The Bureau of Prisons ("BOP") has discretionary authority to designate the place of confinement for federal prisoners. See 18 U.S.C. Section 3621(b); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991); Coupar v. White, 1995 U.S. Dist. LEXIS 16502, at *3 (N. D. Cal. Oct. 30, 1995) (citing Beltran v. Smith, 458 U.S. 1303, 1305 (1982)). Thus, Petitioner's request to transfer from confinement in a United States correctional facility to a different United States correctional facility is a matter which is entirely within the discretion of the BOP.

Accordingly, Petitioner's request for transfer is DENIED for lack of jurisdiction.

IT IS SO ORDERED.

20090910

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