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ENGEL v. DANIELS

No. 06-413 HA.

459 F.Supp.2d 1053 (2006)

Donald James ENGEL, Petitioner, v. Charles A. DANIELS, Warden, Federal Correctional Institution, Sheridan, Oregon, Respondent.

United States District Court, D. Oregon.

October 27, 2006.

Attorney(s) appearing for the Case

Stephen R. Sady, Lead Attorney, Office of the Federal Public Defender, Portland, OR, for Petitioner.

Herbert C. Sundby, Lead Attorney, Kenneth C. Bauman, Lead Attorney, United States Attorney's Office, Portland, OR, for Resondent.

ORDER

HAGGERTY, Chief Judge.

On March 23, 2006, petitioner filed a Petition for a Writ of Habeas Corpus [2] pursuant to 28 U.S.C. § 2241. Petitioner alleges that the Bureau of Prisons (BOP) has refused to process his request to be placed in the Drug and Alcohol Treatment Program (DAP), thereby violating his constitutional rights.

Respondent filed a Motion to Dismiss the Petition [8], alleging that petitioner has no cognizable claim because he...

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