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Tyree v. Federal Bureau of Prisons

April 9, 2007

WARDELL L. TYREE, PLAINTIFF
v.
FEDERAL BUREAU OF PRISONS, ET AL., DEFENDANTS



The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 9th day of April, 2007, upon consideration of the report of the magistrate judge (Doc. 8), recommending that plaintiff's application to proceed in forma pauperis be granted and that plaintiff's claim under the Freedom of Information and Privacy Act ("the Act") be dismissed,*fn1 see 5 U.S.C. §§ 552, 552a, to which plaintiff filed an objection (Doc. 10), and, following an independent review of the record, it appearing that the Federal Bureau of Prison's sentence computation sheet is exempt from the Act's requirements, see Thomas v. Aschroft, No. 3:CV-05-0090, 2006 WL 860136, at *4 (M.D. Pa. Mar. 30, 2006) (noting that the Federal Bureau of Prison's Inmate Central Record System documents are exempt from the the Act's requirements); see also 28 C.F.R. § 16.97(j) (implementing a rule exempting the Inmate Central Record System documents from the requirements of 5 U.S.C. § 552a(e)(1), (5)),*fn2 it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 8) is ADOPTED.

2. The application to proceed in forma pauperis (Doc. 6) is GRANTED.

3. The complaint (Doc. 1) is DISMISSED for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(B).

4. Leave to amend is DENIED as futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

5. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).

6. The Clerk of the Court is directed to CLOSE the above-captioned case.

CHRISTOPHER C. CONNER United States ...


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