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ESTRELLA v. MENIFEE

No. 02 Civ. 6114 SAS.

275 F.Supp.2d 452 (2003)

Lawrence R. ESTRELLA, Plaintiff, v. Fredrick MENIFEE, Warden; Kathleen Hawk-Sawyer, Director; John Ashcroft, United States Attorney General; Harrell Watts, Administrator, National Appeals Board; Mickey Ray, Regional Director, (N.E.), Bureau of Prisons; AL Welch, Unit Manager, Unit-FB, Brian Barrett, Unit Case Manager, FB; and John Gushew, Unit Counselor, FB, Defendants.

United States District Court, S.D. New York.

July 17, 2003.

Attorney(s) appearing for the Case

Lawrence R. Estrella, Otisville FCI, Otisville, NY, Pro se.

Danielle Gentin Stock, Assistant United States Attorney, New York City York, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Plaintiff seeks a declaratory judgment stating that the Bureau of Prisons ("Bureau") exceeded its statutory authority under section 4042(b) of Title 18, United States Code ("section 4042(b)") in implementing Program Statement 5110.15. Program Statement 5110.15 makes the notification procedures found in section 4042(b) applicable to any prisoner whose current offense of conviction is a "drug trafficking...

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