UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION fe ols os fs oe fe oie sfc es oe of os oe fe oe oR a fe 0 fe fe oe ot fe oe ta oe a ape oe oft fe ee of a a ake oft oft ae a af ae ae a ols oft oe os fs os ahs oo Ss os eo □□ ak MICHAEL NUNEZ, * CIV 22-4118 Petitioner, *k * VS. ORDER

WARDEN K, BENNETT, ** * Respondent. * * fe ahs Se ole 9 she fe of os of oft ofc af oft ois fe aks nh ofp oft he fe oie ae fe ole ake fe ofc ake ft ft oft ot oft obs cfs ae fc afc aft fs oe afc akc of cfs ois fs ofc ois of fe asf ie oe of oft oe fe fe oe ose oft ae a a □ □□ □□ ok Petitioner has timely objected to the Report and Recommendation. Petitioner again objects to the computation of his earned time credits as well as the application of whatever earned time credits Petitioner has.

Respondent's position is that Petitioner's claims are moot as was shown by the affidavit of Petitioner's Unit Manager at the Yankton Federal Prison Camp. The Affidavit shows the individualized, fact specific review and recommendation. The recommendation on September 23, 2022, of the Unit Manager was that Petitioner be placed at a Residential Reentry Center for approximately 180 days. On September 26, 2022 Petitioner's Unit Team submitted a referral recommending placement at a Residential Reentry Center for 436 days with a placement date of January 12, 2023. "This recommendation was based on Nunez's Second Chance Act review (180 days) plus Nunez's earned FTCs that were available for placement in prereleast custody (256 days)." Page 5 of Unit Manager Affidavit, Doc. 15.

Petitioner claims his release date is calculated as March of 2024 and claims it should be August of 2023. The Petitioner's Objections and claims are denied as both the calculations as well as the crediting of time credits in Petitioner's case by the Bureau of Prisons are not subject to judicial review. Roberts v. Cox,

(D.S.D. 2022),

Accordingly, IT IS ORDERED: 1. That the Report and Recommendation, Doc. 19, is adopted, along with the above additional comments. 2. That Petitioner's objections to the Report and Recommendations, Doc. 22, are denied. a. That claims, Doc. 1, are dismissed with prejudice. Dated this Dany of May, 2023. BY THE COURT:

wrence L. Piersol ATTEST: United States District Judge MATTHEW W. THELEN, Clerk