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IANNICO v. APKER

United States District Court, S.D. New York


July 18, 2005.

LOUIS IANNICO, Petitioner,
v.
CRAIG APKER, Respondent.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Petitioner has commenced this action for a writ of habeas corpus that, in substance, seeks to invalidate the Bureau of Prisons' February 14, 2005 amendment to 28 C.F.R. ยง 570.21, the rule governing the designation of inmates to community corrections facilities, and to require respondent to consider transferring him to such a facility without regard to that rule.

This rule and the February 14, 2005 amendment thereto has been the subject of several petitions for habeas in this circuit. See, e.g., Moss v. Apker, No 05 Civ. 2676, 2005 WL 1593016 (S.D.N.Y. July 6, 2005), Pimental v. Gonzalez, 367 F. Supp.2d 365 (E.D.N.Y. 2005), Wiesel v. Menifee, 04 Civ. 9681, 2005 WL 1036297 (S.D.N.Y. May 2, 2005). The Second Circuit is scheduled to hear oral argument on August 4, 2005 in Levine v. Menifee, No. 05-2590-pr, on the reasonableness of the Bureau of Prisons' rule at issue in this case. The petition therefore is stayed pending its decision in that case and transferred to the suspense docket.

  SO ORDERED.

20050718

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