Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a federal prisoner’s 28 U.S.C. § 2241 habeas case. The court granted the respondent’s motion to dismiss, dismissed the petition, and directed the Clerk of Court to close the case.
Holdings
- The findings and recommendations were supported by the record and proper analysis and were adopted in full after de novo review.
- A habeas claim cannot be sustained solely on the Bureau of Prisons' purported violation of its own program statement because such noncompliance is not a violation of federal law.
Questions Presented
- Whether the magistrate judge's recommendation to grant respondent's motion to dismiss and dismiss the § 2241 petition should be adopted after de novo review.
- Whether a habeas claim based solely on the Bureau of Prisons' alleged violation of its own program statement states a claim for relief under federal law.
Disposition
dismissed
Cases Cited (4)
- Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997)(followed)
- Ojo v. INS, 106 F.3d 680, 681-82 (5th Cir. 1997)(followed)
- Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 1996)(followed)
- Reeb v. Thomas, 636 F.3d 1224, 1227 (9th Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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