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Moore v. Sanders

May 17, 2007

AYTRA MOORE PETITIONER
v.
LINDA SANDERS, WARDEN, FCI FORREST CITY, ARKANSAS RESPONDENT



ORDER

The Court has received findings and a recommendation from Magistrate Judge H. David Young. After a careful review of the findings and recommendation, the timely objections received thereto, and a de novo review of the record, the Court concludes that the findings and recommendation should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects, with the following addition:

The Court adds the following explanation. Moore contends that the Tennessee parole violation warrant was not issued until January 25, 2004. He relies upon the BOP Memorandum for J & C File dated January 19, 2006. That memorandum recites the following chronology:

SUBJECT: Inmate MOORE, Aytra #17949-076

Federal Date of Offense: 11-19-2000 12-20-2000 Arrested Shelby Cnty Aggravated Robbery 01-25-2004 violation warrant - new charge 02-16-2001 Dismissed; held on violation warrant 08-28-2001 writ to USM 10-03-2003 return to USM 11-04-2003 Parole Revoked 11-17-2005 Paroled to USM detainer Tennessee authorities report that the parole violation warrant was issued on January 25, 2001. It is apparent that the date "01-25-2004" in the BOP memorandum is a typographical error. If the warrant in fact had been issued on "01-25-2004," the entry would have been placed between "11-04-2003" and "11-17-2005."

With the addition of this comment, the Court adopts the Magistrate's proposed findings and recommendation in all respects. The petition for writ of habeas corpus filed by petitioner Aytra Moore is dismissed and all requested relief is denied. His motion for appointment of counsel is also denied. Judgment will be entered for respondent Linda Sanders.

IT IS SO ORDERED this 17th day of May, 2007.

20070517

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