DELLARCIRPRETE v. GUTIERREZ

Civil Action No. 1:05-CV-143.

479 F.Supp.2d 600 (2007)

Anthony DELLARCIRPRETE, Petitioner, v. Dominic GUTIERREZ, Respondent.

United States District Court, N.D. West Virginia.

March 5, 2007.


Attorney(s) appearing for the Case

Michael Clayton Hanlon, Office of the United States Attorney, Baltimore, MD, Thomas M. DiBiagio, Beveridge and Diamond PC, Washington, DC, for Petitioner.

Gary W. Christopher, Public Defender or Community Defender Appointment, Office of the Federal Public Defender, Baltimore, MD, Peter S. Fayne, Retained, Rosenberg and Fayne LLP, Riverdale, MD, for Respondent.


ORDER AFFIRMING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

KEELEY, District Judge.

I. Introduction

On October 7, 2005, the petitioner, Anthony Dellarciprete ("Dellarciprete"), an inmate at the Federal Correctional Institution in Morgantown, West Virginia ("FCI-Morgantown"), filed a petition for habeas corpus pursuant to 28 U.S.C. § 2241, asserting that the Federal Bureau of Prisons ("BOP") "arbitrarily, capr[i]ciously, and...

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