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FOX v. LAPPIN

No. CIV.A. 05-40106-WGY.

409 F.Supp.2d 79 (2006)

Charles FOX, Petitioner, v. Harley LAPPIN, Director of the Federal Bureau of Prisons, and David L. Winn, Warden, Respondents.

United States District Court, D. Massachusetts.

January 17, 2006.

Attorney(s) appearing for the Case

Judith H. Mizner, Federal Defender's Office District of Massachusetts, Boston, for Federal Defender Office, Amicus.

Gregg D. Shapiro, Office of the United States Attorney, Boston, for Warden David L. Winn, Harley Lappin, Respondents.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

Petitioner Charles Fox ("Fox"), is challenging the Bureau of Prisons' ("Bureau") classification of him as a sex offender based on an over-24-year-old state conviction. See Pet. for a Declaratory J. under 28 U.S.C. §§ 1331 and 2201 and for a Writ of Mandamus and Prelim. Inj. ("Fox Pet.") [Doc. No. 1]. Fox argues that, because of this improper classification,...

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