United States District Court, S.D. New York
July 18, 2005.
LOUIS IANNICO, Petitioner,
CRAIG APKER, Respondent.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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. § 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
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