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McTigue v. Kobayashi

United States District Court, D. Hawaii

February 8, 2019

JENNIFER ANN MCTIGUE, Petitioner,
v.
H. KOBAYASHI, Warden, et al., Respondents.

          FINAL REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          PATRICK J. WALSH UNITED STATES MAGISTRATE JUDGE

         This Final Report and Recommendation is submitted to the Hon. Consuelo B. Marshall, United States District Judge, pursuant to 28 U.S.C. § 636 and Local Rule 72.6 of the United States District Court for the District of Hawaii. For the reasons discussed below, it is recommended that the Petition be denied and the action be dismissed with prejudice.[1]

         I.

         SUMMARY OF FACTS AND PROCEEDINGS

         In July 2015, Petitioner pled guilty to conspiracy to commit wire fraud, mail fraud, and money laundering and was sentenced to 60 months in prison. (United States v. McTigue, et al., CR 14-0010-CBM (Doc. Nos. 191, 192, 235, 236).) In 2016, she was housed at FCI Tallahassee when she began participating in the Bureau of Prisons residential drug abuse program (“RDAP”). This program allows successful participants to receive a one-year reduction in their sentences.

         After completing the first two phases of the program at FCI Tallahassee, in February 2018, Petitioner was transferred to Hawaii to complete the last phase of the program. (Petition at 13; Opposition to Petition at 2; Objections to Report and Recommendation at 3.) She was initially placed in home confinement because there was no space for her in a halfway house. (Petition at 8; Opposition at 4.) She was later transferred to the T.J. Mahoney Hale halfway house in Honolulu, Hawaii.

         Petitioner alleges that she was treated unfairly at T.J. Mahoney and suspects that it was because one of the victims of her fraud was a U.S. Probation officer in Hawaii. (Petition at 7.) Nevertheless, in May 2018, she was transferred from the halfway house to home confinement. In June 2018, she was placed back in the halfway house after employees suspected that she was drinking excessive amounts of water to dilute her urine samples to mask drug use. (Petition at 8-9.) Petitioner complains that, despite being informally assured that she would be returned to home confinement, on June 15, 2018, she was placed in the federal detention center in Honolulu. (Petition at 10-11.)

         On July 17, 2018, she filed the instant Petition, pursuant to 28 U.S.C. § 2241, alleging:

1. Her continued detention at FDC Honolulu violated her right to due process and equal protection.
2. Respondents violated her procedural due process rights when they terminated her participation in the home confinement program.

(Petition at 14-20.)

         Petitioner sought release from her “unlawful” detention, an order compelling Respondents to provide the Court with her inmate file for in camera review, a declaration that her detention violates her constitutional rights, an order that any future disciplinary actions be referred to this Court, an order referring Respondents for investigation, and an award of attorney fees and costs. (Petition at 21-22.) On August 10, 2018, Respondents filed an Opposition to the Petition, in which they reported that, on August 2, 2018, Petitioner had been transferred from the metropolitan detention center back to the T.J. Mahoney halfway house. (Opposition at 2.) On January 16, 2019, Petitioner was released from the halfway house and placed on supervised release.

         II.

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