Little v. Fleming

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 26, 2003

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 03-10247 Summary Calendar

MICHAEL AARON LITTLE,

Petitioner-Appellant,

versus

LES E. FLEMING, Warden, Federal Medical Center - Fort Worth,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:03-CV-13-A --------------------

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:1

Michael Aaron Little (Little), federal prisoner # 06099-058,

appeals the district court’s dismissal of his petition for writ of

habeas corpus pursuant to 28 U.S.C. § 2241. Little claims that the

Bureau of Prisons erred in failing to restore his forfeited

statutory good time credit on his federal sentence. He argues that

the warden did not have the discretion to deny his request for the

restoration of his statutory good time.

1 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Little has failed to show that the prison administration

abused its discretion or that he did not receive proper notice from

the prison authorities. The warden had the discretion to deny

Little’s request for restoration of his statutory good time. See

Sexton v. United States, 429 F.2d 1300, 1301 (5th Cir. 1970).

Accordingly, the judgment of the district court is

AFFIRMED.