Summary
This United States District Court order adopts a magistrate judge’s report and recommendation and partially denies a pro se petitioner’s claims against a federal prison warden. The court finds no clear error in rejecting the petitioner’s allegations that the Bureau of Prisons improperly amended his sentencing judgment and that he was denied procedural due process regarding commissary access at FMC-Rochester. The remaining portions of the petition are left to proceed as directed by the magistrate judge.
Topics
Practice areas
Questions Presented
- Whether the Bureau of Prisons improperly amended Ohlmeier's sentencing judgment
- Whether Ohlmeier was denied procedural due process by being precluded from using the FMC‑Rochester commissary
Holdings
- The court denied the portion of the petition asserting that the BOP improperly amended Ohlmeier’s sentencing judgment.
- The court denied the portion of the petition asserting a procedural due‑process violation based on denial of commissary use.
Key quotations
“The R&R (Doc. No. 11) is ADOPTED.” (at 1)
“The Petition is DENIED IN PART, as follows:” (at 1)
Factual background
Petitioner Ohlmeier claimed that the Bureau of Prisons improperly amended his sentencing judgment and that he was denied procedural due process because he could not use the FMC‑Rochester commissary.
Procedural history
The petition was before Magistrate Judge Elizabeth Cowan Wright, who issued a Report and Recommendation recommending denial of the petition. No party objected, and the district court reviewed the R&R for clear error, found none, and adopted the recommendation, denying the petition in part.
Remand instructions
The Parties shall proceed as directed by the Magistrate Judge in the R&R concerning the remaining portions of the Petition.