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Barber v. Ives

United States District Court, D. Oregon

February 20, 2018

ARTHUR BARBER, Petitioner,
v.
RICHARD B. IVES, Warden FCI Sheridan, Respondent.

          ROBERT W. RAINWATER Attorney for Petitioner

          BILLY J. WILLIAMS United States Attorney

          NATALIE K. WIGHT Attorneys for Respondent

          OPINION AND ORDER

          ANNA J. BROWN United States Senior District Judge

         Petitioner, an inmate at FCI Sheridan, brings this habeas corpus action pursuant to 28 U.S.C. § 2241. For the reasons that follow, the Court DENIES the Petition for Writ of Habeas Corpus (ECF No. 1).

         BACKGROUND

         Petitioner is currently serving an 18-month term of imprisonment for a supervised release violation in United States v. Barber, No. 3:03-cr-00128-BR (D. Ore.). Petitioner entered custody of the Bureau of Prisons ("BOP") on August 3, 2017, and his projected release date is November 18, 2018.

         On September 14, 2017, Petitioner submitted a request to the BOP to file a motion with this Court to reduce his sentence based upon his medical condition. Petitioner's request stated he has stage-4 liver cirrhosis and that he was told by a treating physician that he has 18-24 months to live, as of May 2017. On November 21, 2017, Respondent denied Petitioner's request, stating:

Your request has been reviewed for consideration under 28 U.S.C. § 4205 (g) or 3582 (c) (1) (A) . Upon investigation of the request it has been determined that the request warrants denial at this level and the matter shall not be referred for consideration to the Office of General Counsel. A thorough review of your request finds you have not provided adequate documentation to support consideration at this time.
Based upon the Medical Review/Summary conducted by Health Services, you do not meet the criteria.

         (Emphasis in original).

         On December 5, 2017, Petitioner filed a Motion to Reduce Sentence by Writ of Habeas Corpus ([28] U.S.C. § 2241) in his criminal case. Petitioner withdrew that motion, and on December 14, 2017, filed his Petition for Writ of Habeas Corpus Pursuant ([28] U.S.C. § 2241) in this case. In his Petition, he alleges one claim for relief:

Abuse of discretion by the Bureau of Prisons
The actions of the Bureau of Prisons constituted an abuse of its discretion as Mr. Barber submitted all the documentation for his request, further the Bureau of Prison's abused its discretion by failing to provide an adequate explanation of reason for its denial, therefore, denying Mr. Barber his right to provide additional documentation, because it does not specify which documents were not provided, and denying him a review of that ...

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