United States District Court, Middle District of Pennsylvania
November 6, 2014
JACOB HOWELL, Petitioner
J. CASTANEDA, Respondent
Carlson Magistrate Judge
SYLVIA H. RAMBO UNITED STATES DISTRICT JUDGE
AND NOW, this 6th day of November, 2014, IT IS HEREBY ORDERED THAT:
1) The court adopts the October 14, 2014 report and recommendation of Magistrate Judge Carlson (Doc. 16).
2) The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED as to the issues of the Bureau of Prisons’ failure to hold a timely DHO hearing and the Bureau of Prisons’ failure to provide a staff representative at that hearing.
3) The Clerk of Court shall close the file.
4) The court declines to issue a certificate of appealability on the issues of a timely hearing and staff representative.
5) The court grants a certificate of appealability on the issue of whether the DHO has an obligation to consider and address exculpatory evidence in a disciplinary hearing.