Little v. Fleming

03-10247Court of Appeals for the Fifth CircuitAug 26, 2003

Full text

1 Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
August 26, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10247
Summary Calendar
MICHAEL AARON LITTLE,
Petitioner-Appellant,
versus
LES E. FLEMING, Warden, Federal Medical Center - Fort Worth,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CV-13-A
--------------------
Before SMITH, DUHÉ, and WIENER, Circuit Judges.
PER CURIAM:1
Michael Aaron Little (Little), federal prisoner # 06099-058,
appeals the district court’s dismissal of his petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. Little claims that the
Bureau of Prisons erred in failing to restore his forfeited
statutory good time credit on his federal sentence. He argues that
the warden did not have the discretion to deny his request for the
restoration of his statutory good time.

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2
Little has failed to show that the prison administration
abused its discretion or that he did not receive proper notice from
the prison authorities. The warden had the discretion to deny
Little’s request for restoration of his statutory good time. See
Sexton v. United States, 429 F.2d 1300, 1301 (5th Cir. 1970).
Accordingly, the judgment of the district court is
AFFIRMED.

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