Summary
reasoning that the "BOP did not designate and transport [the prisoner] to a federal prison, commence his sentence, then stop it and physically transfer him to a state prison"; rather, "when the BOP initially calculated his sentence in September 1998, it retrospectively determined that his sentence commenced on ... July 21, 1998"
Summary of this case from Jones v. ShannonOpinion
Civil Action No. 06-300 Erie.
February 8, 2008
MEMORANDUM ORDER
This petition for writ of habeas corpus was received by the Clerk of Court on December 21, 2006 and was referred to Chief United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Chief Magistrate Judge's Report and Recommendation, filed on January 15, 2008 [16], recommends that the instant petition for writ of habeas corpus be denied and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail at USP Hazelton, where he is incarcerated. Petitioner has filed no objections to Chief Magistrate Judge Baxter's Report and Recommendation. After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 8th day of February, 2008;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED and that no certificate of appealability shall issue.
The Report and Recommendation of Chief Magistrate Judge Baxter, filed on January 15, 2008 [16], is adopted as the opinion of the Court.