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REEB v. THOMAS

No. 09-35815.

636 F.3d 1224 (2011)

Philip T. REEB, Petitioner-Appellant, v. Jeffrey THOMAS, Warden, FCI Sheridan, aka J.E. Thomas, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2011.

Attorney(s) appearing for the Case

Marc Friedman, Esq. , Eugene, OR, for the appellant.

Kevin Danielson , Assistant United States Attorney, Portland, OR, for the appellee.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and DAVID ALAN EZRA, District Judge.

OPINION

EZRA, District Judge.

This case requires us to decide whether a district court has subject matter jurisdiction to review the Bureau of Prisons' ("BOP") individualized residential drug abuse program ("RDAP") determinations, a question of first impression in this Circuit. The existence of subject matter jurisdiction is a question of law reviewed de novo. Puri v. Gonzales, 464 F.3d 1038, 1040 (9th Cir.2006...

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