The BOP may, at any time, direct the transfer of a prisoner from one penal or correctional facility to another. 18 U.S.C. 3621 (b). E.

9. BOP makes the blanket assertion that “records originating with BOP are law enforcement records because they were all compiled in the exercise of BOP’s authority under 18 U.S.C. § 3621(a)” to imprison convicts. Gov’t Br.

Federal statute further directs the BOP to designate the place of a prisoner’s imprisonment, stating “The Bureau may designate any available penal or correctional facility that meets minimum standards and habitability . . . that the 5 Case 4:10-cv-01187-MM-DB Document 49 Filed 04/11/11 Page 10 of 23 Bureau determines to be appropriate and suitable.” 18 U.S.C. § 3621(b) (emphasis added). The use of the term “may” in a statue indicates a grant of discretion to the administering agency.

21, 2015), report and recommendation adopted, No. CV 14-2777-DDP (KES), 2015 WL 6128663 (C.D. Cal. Oct. 15, 2015) (citing (18 U.S.C. § 3621(b) (governing BOP's decisions as to where an inmate should be housed and whether he should be transferred to another facility); 18 U.S.C. § 4042 (governing BOP's decisions regarding an inmate's Case 2:15-cv-09323-FMO-JPR Document 32 Filed 10/07/16 Page 9 of 12 Page ID #:123 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 housing placement at the prison, including whether the inmate should be placed in protective custody or in general population); 28 C.F.R. § 541.22 (stating that BOP may remove an inmate from the general population when necessary to ensure the safety, security, and orderly operation of correctional facilities, or protect the public); 28 C.F.R. § 541.

The classification of inmates is necessary to place each inmate in the most appropriate security level institution that also meets their program needs and is consistent with the Bureau’s mission to protect society. The Bureau’s classification, designation and redesignation procedures are consistent with the statutory authority contained in 18 U.S.C. § 3621(b). All classification, designation and redesignation decisions are made without favoritism given to an inmate’s social or economic status.

Studies v. DOJ, 331 F.3d 918, 926 (D.C. Cir. 2003) (claim of law enforcement purpose by agency specializing in law enforcement entitled to deference). The records originating with BOP are law enforcement records because they were all compiled in the exercise of BOP’s authority under 18 U.S.C. § 3621(a). See Stroble Decl.

During the sentencing hearing, Mr. Castle asked the Court to recommend two facilities to the Bureau of Prisons, FCI at Fort Dix in New Jersey or Allenwood in Pennsylvania. Understanding that pursuant to 18 U.S.C. § 3621(b) the Bureau of Prisons has the ultimate say, Mr. Castle’s hope was to serve his 168 month sentence at a location that was close to his children, which also gave him the opportunity to take college courses. Case 1:13-cr-00587-GLR Document 16 Filed 04/15/14 Page 1 of 3 2 2.

Plaintiff indicates that the requested transfer was to avoid exposure to chemical sprays which impacted his asthmatic condition. With respect to federal prisoners, the BOP has the power, pursuant to 18 U.S.C. § 3621(b), to "transfer a prisoner from one facility to another at any time." Prows v. Federal Bureau of Prisons, 981 F.2d 466, 469 n.3 (10th Cir. 1992), cert.