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Jones v. Williamson

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 11, 2007

PAUL JONES, PETITIONER
v.
TROY WILLIAMSON, RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 11th day of July, 2007, upon consideration of the report and recommendation of the magistrate judge (Doc. 10), recommending denial of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), to which objections were filed (see Doc. 11), and it appearing that the petitioner avers that the Bureau of Prisons ("BOP") did not have the authority to revoke his good time credits because he was sentenced pursuant to the District of Columbia Criminal Code (see Doc. 1), and it appearing that the United States Court of Appeals for the Third Circuit has held that the BOP does have the authority to revoke good time credits earned by District of Columbia Criminal Code prisoners, see Mitchell v. Romine, 158 F. App'x 367, 369 (3d Cir. 2005) (rejecting the prisoner's "contention that as an inmate convicted in the District of Columbia, the Bureau of Prisons had no authority to take away his good-time credits"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 10) is ADOPTED.

2. The petition for writ of habeas corpus (Doc. 1) is DENIED.

3. A certificate of appealability is DENIED. See 28 U.S.C. § 2253.

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

5. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge

20070711

© 1992-2007 VersusLaw Inc.



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