Smith v. United States

N.D. Ohio

Smith v. United States

District Court, N.D. Ohio·Decided October 23, 2019·No. 4:19-cv-02132·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

KEVIN SMITH, ) CASE NO. 4:19-CV-2132 ) Petitioner, ) ) JUDGE DAN AARON POLSTER v. ) ) MARK WILLIAMS, ) ORDER & OPINION ) Respondent. )

Before the Court is Petitioner Kevin Smith’s Motion to Dismiss Petition for Habeas Corpus Relief, Doc #: 6. For the reasons stated below, Smith’s Motion is Granted. Smith filed a petition under 28 U.S.C. § 2241 asserting that his release date should be recalculated under the First Step Act of 2018. Doc #: 1. Respondent Mark Williams filed a Motion to Dismiss Habeas Corpus Petition in which he argued that Smith already received a recalculated release date. Doc #: 4 at 3. Smith now requests that the Court dismiss his petition for Habeas Corpus because he has received a recalculated release date. Doc #: 6. Accordingly, the Court grants Smith’s Motion to Dismiss Petition for Habeas Corpus Relief. Smith also requests that the Court recommend the Bureau of Prisons adjust his halfway house release date. Doc #: 6. Smith contends that prior to the Bureau of Prisons adjusting Smith’s release date, the Bureau approved Smith for a 12-month term at a halfway house to begin in January of 2020. Id. While the Bureau of Prisons has since adjusted Smith’s release date, it has not adjusted Smith’s release date to the halfway house. Id. The Second Chance Act directs the Bureau of Prisons to consider placing an inmate in a halfway house by considering the factors in 18 U.S.C. 3621(b). Lovett v. Hogsten, 2009 U.S. App. LEXIS 28957, *4 (6th Cir.). Included in these factors is bed availability. 18 U.S.C. § 3621(b). If the Bureau of Prisons has already approved Smith for a 12-month term at a halfway house, the Court recommends the

Bureau of Prisons adjust his release date to a halfway house subject to bed availability. For the above reasons, Smith’s Motion to Dismiss Petition for Habeas Corpus Relief, Doc #: 6, is Granted. Smith’s Petition for Habeas Corpus, Doc #: 1, and Respondent’s Motion to Dismiss Habeas Corpus Petition, Doc #: 4, are DENIED AS MOOT.

IT IS SO ORDERED. /s/Dan Aaron Polster October 23, 2019 DAN AARON POLSTER UNITED STATES DISTRICT COURT

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

KEVIN SMITH, ) CASE NO. 4:19-CV-2132 ) Petitioner, ) ) JUDGE DAN AARON POLSTER v. ) ) MARK WILLIAMS, ) ORDER & OPINION ) Respondent. )

Before the Court is Petitioner Kevin Smith’s Motion to Dismiss Petition for Habeas Corpus Relief, Doc #: 6. For the reasons stated below, Smith’s Motion is Granted. Smith filed a petition under 28 U.S.C. § 2241 asserting that his release date should be recalculated under the First Step Act of 2018. Doc #: 1. Respondent Mark Williams filed a Motion to Dismiss Habeas Corpus Petition in which he argued that Smith already received a recalculated release date. Doc #: 4 at 3. Smith now requests that the Court dismiss his petition for Habeas Corpus because he has received a recalculated release date. Doc #: 6. Accordingly, the Court grants Smith’s Motion to Dismiss Petition for Habeas Corpus Relief. Smith also requests that the Court recommend the Bureau of Prisons adjust his halfway house release date. Doc #: 6. Smith contends that prior to the Bureau of Prisons adjusting Smith’s release date, the Bureau approved Smith for a 12-month term at a halfway house to begin in January of 2020. Id. While the Bureau of Prisons has since adjusted Smith’s release date, it has not adjusted Smith’s release date to the halfway house. Id. The Second Chance Act directs the Bureau of Prisons to consider placing an inmate in a halfway house by considering the factors in 18 U.S.C. 3621(b). Lovett v. Hogsten, 2009 U.S. App. LEXIS 28957, *4 (6th Cir.). Included in these factors is bed availability. 18 U.S.C. § 3621(b). If the Bureau of Prisons has already approved Smith for a 12-month term at a halfway house, the Court recommends the

Bureau of Prisons adjust his release date to a halfway house subject to bed availability. For the above reasons, Smith’s Motion to Dismiss Petition for Habeas Corpus Relief, Doc #: 6, is Granted. Smith’s Petition for Habeas Corpus, Doc #: 1, and Respondent’s Motion to Dismiss Habeas Corpus Petition, Doc #: 4, are DENIED AS MOOT.

IT IS SO ORDERED. /s/Dan Aaron Polster October 23, 2019 DAN AARON POLSTER UNITED STATES DISTRICT COURT

Smith v. United States, (N.D. Ohio 2019).

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