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United States v. Thomas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 23, 2006

UNITED STATES OF AMERICA,
v.
GREGORY THOMAS, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

On February 16, 2006, Defendant Gregory Thomas*fn1 filed a "Motion of Transfer Demand," in which he "respectfully 'demand[ed]' to be returned to Bare Hill Correctional Facility, in Malone, New York IMMEDIATELY." See Dkt. Nos. 153, 154 at 1. In support of his motion, Defendant contends that

The UNITED STATES OF AMERICA has and continues to "knowingly," infringe on my right to have access to legal documents stored there. The current "county" facility in which the UNITED STATES OF AMERICA has me, Gregory-Jason: Thomas, (an alleged inmate of the STATE OF NEW YORK), detained to date for approximately the past 8 months, has denied my access to legal documents citing "FIRE HAZARD." These legal documents are currently being held in my property storage by the facility, which has refused to accommodate my access to them.

See Dkt. No. 153 at 1.

The Court has no authority to Order the Government to house Defendant at any particular facility. Accordingly, the Court hereby

ORDERS that Defendant's motion for an immediate transfer to the Bare Hill Correctional Facility in Malone, New York, is DENIED.

IT IS SO ORDERED.


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