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Philip T. Reeb v. Jeffrey Thomas

March 3, 2011

PHILIP T. REEB, PETITIONER-APPELLANT,
v.
JEFFREY THOMAS, WARDEN, FCI SHERIDAN, AKA J.E. THOMAS,
RESPONDENT-APPELLEE.



D.C. No.08-CV-01184-HA Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, Senior District Judge, Presiding

The opinion of the court was delivered by: Ezra, District Judge

FOR PUBLICATION

OPINION

Submitted December 7, 2010*

Seattle, Washington

Before: Diarmuid F. O'Scannlain and Richard C. Tallman,

Circuit Judges, and David Alan Ezra,** District Judge.

Opinion by Judge Ezra

*The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

**The Honorable David Alan Ezra, United States District Judge for the District of Hawaii, sitting by designation.

COUNSEL

OPINION

This case requires us to decide whether a district court has subject matter jurisdiction to review the Bureau of Prisons' ("BOP") individualized residential drug abuse program ("RDAP") determinations, a question of first impression in this Circuit. The existence of subject matter jurisdiction is a question of law reviewed de novo. Puri v. Gonzales, 464 F.3d 1038, 1040 (9th Cir. 2006). Because we hold that 18 U.S.C. ยง 3625 precludes judicial review under the Administrative Procedure Act ("APA") of ...


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