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Briley v. Ortiz

United States District Court, D. New Jersey

February 8, 2019

JAY BONANZA BRILEY, Petitioner
v.
MR. ORTIZ, WARDEN, Respondent

          OPINION

          Renée Marie Bumb United States District Judge

         Petitioner, Jay Bonanza Briley, was incarcerated in the Federal Correctional Institution in Fort Dix, New Jersey on November 28, 2017, when he initiated this action under 28 U.S.C. § 2241, challenging the Bureau of Prison's Residential Reentry Center (“RRC”) placement decision. (Pet., ECF No. 1.)

         On April 26, 2018, Respondent filed an answer to the petition. (ECF No. 5.) Petitioner filed a reply on May 29, 2018. (ECF No. 9.) On June 29, 2018, this Court issued an Opinion and Order, denying the petition for writ of habeas corpus under 28 U.S.C. § 2241. (Opinion, ECF No. 12; Order, ECF No. 13.)

         This matter comes before the Court upon the following motions filed by Petitioner after this Court denied his habeas petition: (1) Petitioner's motion for summary judgment (ECF No. 14); (2) motion for reconsideration (ECF No. 17); (3) motion for leave to file evidence (ECF No. 19); (4) motion to compel (ECF No. 22); and (5) emergency motion to amend petition. (ECF No. 24.) Respondent did not respond to Petitioner's motions. For the reasons discussed below, the Court will deny Petitioner's motion for reconsideration.

         II. DISCUSSION

         A. 18 U.S.C. §§ 3621(b) and 3624

         Two statutory provisions govern the BOP's authority to place prisoners in RRCs. Brown v. Warden Fairton FCI, 617 Fed.Appx. 117, 118 (3d Cir. 2015) (per curiam). Under 18 U.S.C. § 3621(b), the BOP has discretion to permit a prisoner to serve all or part of his sentence in an RRC. Id. at 118. The factors the BOP must consider include:

(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence-
(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section ...

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