Rosenstein v. Wiley

ORDER ON RECOMMENDATION OF MAGISTRATE JUDGE

FIGA, District Judge.

This matter comes before the undersigned district judge on the Report and Recommendation of the Magistrate Judge entered January 2, 2007 (Dkt.# 26). In that Recommendation, the Magistrate Judge’s recommends that this Court find that Bureau of Prisons (“BOP”) regulation, 28 C.F.R. § 570.21, is an improper exercise of the BOP’s rulemaking authority and therefore invalid (Recommendation at 20). Based on such recommendation, the Magistrate Judge further recommends that the relief requested in applicant’s Amended Application for a…