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Ferdinand Richard Balcar v. Richard B. Ives

August 22, 2011

FERDINAND RICHARD BALCAR, PETITIONER,
v.
RICHARD B. IVES RESPONDENT.



The opinion of the court was delivered by: Timothy J Bommer United States Magistrate Judge

ORDER

I. INTRODUCTION

Petitioner is a federal prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Pursuant to 28 U.S.C. § 636(c)(1), Petitioner consented in June 2009 to have a United States Magistrate Judge conduct all further proceedings in this case. Respondent consented in September 2009.

Petitioner is currently serving a life sentence after being convicted of four counts of bank robbery with a weapon in violation of 18 U.S.C. § 2113(a) & (d) in the United States District Court for the District of Nevada. (See Resp't's Answer Ex. 3.) Petitioner is currently incarcerated at FCI - Herlong. In addition to his sentence, Petitioner was ordered to pay criminal penalties in the amounts of $200 in assessment and $11,952.01 in restitution. (See id.) The District of Nevada ordered Petitioner to pay these criminal penalties "in full immediately." (See id.)

Petitioner is enrolled in the Bureau of Prisons (BOP) Inmate Financial Responsibility Program (IFRP). (See Resp't's Answer Ex. 4.) The IFRP is a voluntary program in which inmates are encouraged to meet financial obligations through the provision of incentives. See 28 C.F.R. § 545.10 et seq. "As part of the initial classification process, staff will assist the inmate in developing a financial plan for meeting those obligations, and at subsequent program reviews, staff shall consider the inmates efforts to fulfill those obligations as indicative of that individual's acceptance and demonstrated level of responsibility." 28 C.F.R. § 545.10. Although the program is voluntary, failure to participate has a variety of consequences, such as:

(1) Where applicable, the Parole Commission will be notified of the inmate's failure to participate;

(2) The inmate will not receive any furlough (other than possibly an emergency or medical furlough)

(3) The inmate will not receive performance pay above the maintenance pay level, or bonus pay, or vacation pay;

(4) The inmate will not be assigned to any work detail outside the secure perimeter of the facility;

(5) The inmate will not be placed in UNICOR. Any inmate assigned to UNICOR who fails to make adequate progress on his/her financial plan will be removed from UNICOR, and once removed, may not be placed on a UNICOR waiting list for six months. Any exceptions to this require approval of the Warden;

(6) The inmate shall be subject to a monthly commissary spending limitation more stringent than the monthly commissary spending limitation set for all inmates. This more stringent commissary spending limitation for IFRP refusees shall be at least $25 per month, excluding purchases of stamps, telephone credits, and, if the inmate is a common fare participant, Kosher/Halal certified shelf-stable entrees to the extent that such purchases are allowable under pertinent Bureau regulations;

(7) The inmate will be quartered in the lowest housing status (dormitory, double bunking, etc.);

(8) The inmate will not be placed in a community-based program;

(9) The inmate will not receive a release gratuity unless ...


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