Komando v. FCI Berlin, Warden Richard A. Luna

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jerry Ngome Komando
v.
FCI Berlin, Warden
Case No. 22-cv-425-SE
ORDER
After due consideration of the responses filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated January 13, 2023.
For the reasons stated therein:
1. The court grants Mr. Komando’s motions for summary
judgment (doc. nos. 2, 8);
2. The court denies the warden’s motion for summary
judgment (doc. no. 6);
3. The court grants Mr. Komando’s § 2241 petition (doc. no.
1).
The warden filed a response to the January 13, 2023, Report
and Recommendation on January 31, 2023. The response
recalculated Mr. Komando's projected release date after the
application of his First Step Act earned time credits. This
order does not adopt or reject that projected release date and,
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in accordance with the court's January 24, 2023 endorsed order,
Mr. Komando may file a motion to appoint counsel on or before
February 13, 2023. If the court grants such a motion, it will
issue an order setting the deadline for a response to the
government's projected release date. Alternatively, Mr. Komando
may file a response to the government's projected release date
on or before February 21, 2023.
____________________________
Samantha D. Elliott
United States District Judge
Date: February 6, 2023
cc: 	Jerry Ngome Komando, pro se
Heather A. Cherniske, AUSA
Case 1:22-cv-00425-SE Document 17 Filed 02/06/23 Page 2 of 2