Summary
dismissing § 2241 petition challenging BOP's determination that conviction for possession of a machine gun and silencer precluded eligibility for early release incentive under 28 C.F.R. § 550.55(b)
Summary of this case from Clemmer v. ZickefooseOpinion
CASE NO. C10-2045-MJP
03-06-2012
ANDREW STEVEN GRAY, Petitioner, v. MARION FEATHER, Respondent.
ORDER DENYING PETITION UNDER 28 U.S.C. § 2241
The Court, having reviewed petitioner's petition under 28 U.S.C. § 2241, the briefing of the parties, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, the objections to the Report and Recommendation (Dkt. Nos. 35, 36, 37, and 38), and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Petitioner's petition under § 2255 (Dkt. No. 8) is DENIED and this action is DISMISSED with prejudice;
(3) Petitioner's motion for summary judgment (Dkt. No. 27) is DENIED;
(4) Petitioner's motion to set aside his conviction under 18 U.S.C. § 922(g) (Dkt.
No. 33) is STRICKEN; and
(5) The Clerk shall send copies of this Order to petitioner, to counsel for respondent, and to Judge Theiler.
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Marsha J. Pechman
United States District Judge