Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kevin Arthur Wilson v. Federal Bureau of Prisons

March 28, 2013

KEVIN ARTHUR WILSON, PETITIONER,
v.
FEDERAL BUREAU OF PRISONS, ET AL., RESPONDENTS.



The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge

O

ORDER SUMMARILY DISMISSING HABEAS ACTION FOR LACK OF JURISDICTION

The Court will dismiss this 28 U.S.C. § 2241 habeas action summarily for lack of jurisdiction, as explained below.

I. INTRODUCTION

Petitioner is a federal inmate housed at Terminal Island. He strongly prefers to be housed in a Residential Re-entry Center (RRC), or halfway house, as he nears his 2014 release date. See Pet. at 3. The Bureau of Prisons ("BOP") denied his request for a transfer to an RRC, at least until later in his term. Arguing that the BOP improperly denied his request for an earlier RRC transfer, in that his request is so clearly meritorious, Petitioner seeks a habeas writ compelling the BOP to transfer him as soon as he wishes. The Court lacks jurisdiction to review such individualized BOP decisions.

II. APPLICABLE LAW

A. The BOP's Authority To Transfer Prisoners

The BOP generally has the authority to choose where to locate federal prisoners within the federal prison system. Under 18 U.S.C. § 3621(b), the BOP may designate the place of an inmate's imprisonment, including transfers "at any time." Rodriguez v. Smith, 541 F.3d 1180, 1182, 1185 (9th Cir. 2008). Such decisions are discretionary, but the BOP must consider the following five factors in making them:

(1) the resources of the facility contemplated;

(2) the nature and circumstances of the offense;

(3) the history and characteristics of the prisoner;

(4) any statement by the court that imposed the sentence --

(A) concerning the purpose for which the sentence to imprisonment was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.