No. 05 Civ. 5576 (RPP).
August 2, 2006
Rahsaan A. Adams, FCI-Camp Otisville, Otisville, NY, Petitioner.
Michael J. Garcia, United States Attorney, Southern District of New York, New York, Respondent.
Petitioner Rahsaan Adams brings this Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner requests that this Court order Respondent Craig Apker, Warden of the Federal Correctional Institution at Otisville, New York, to consider transferring him to a community confinement center in good faith, in light of the factors set forth in 18 U.S.C. § 3621(b), without reference to the Bureau of Prison's February 2005 Rule, 28 C.F.R. § 570.21. Petitioner challenges 28 C.F.R. § 570.21 on the grounds that the February 2005 Rule is contrary to the BOP's governing statutes.
The Second Circuit recently held that "in transferring an inmate to a CCC or any `available penal or correctional facility,' the BOP must consider the factors set forth in § 3621(b), without reference to 28 C.F.R. § 570.21." Levine v. Apker, No. 05-2590, 2006 WL 1901020, at *13 (2d Cir. July 10, 2006). In light of that decision, this Court orders Respondent to consider, in good faith, transferring Petitioner to a community confinement center, in light of the factors set forth in 18 U.S.C. § 3621(b), without reference to the Bureau of Prison's February 2005 Rule, 28 C.F.R. § 570.21. The Court orders that Respondent made this determination promptly, and no later than twenty (20) days from the date of this Court's order.
IT IS SO ORDERED.