Opinions of the United
2007 Decisions States Court of Appeals
for the Third Circuit
7-24-2007
Thomas v. USA
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-5075
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"Thomas v. USA" (2007). 2007 Decisions. Paper 704.
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CLD-284 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-5075
________________
ROBERT H. THOMAS,
Appellant
v.
UNITED STATES OF AMERICA, CAMERON LINDSAY,
Warden, USP Canaan
____________________________________
On Appeal From the United States District Court
For the Middle District of Pennsylvania
(D.C. Civ. No. 06-cv-02307)
District Judge: Honorable Thomas I. Vanaskie
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) or Summary Action
Under Third Circuit LAR 27.4 and I.O.P. 10.6
June 28, 2007
Before: RENDELL, SMITH AND JORDAN, CIRCUIT JUDGES
Filed July 24, 2007
_______________________
OPINION
_______________________
PER CURIAM
Robert H. Thomas appeals the order from the United States District Court for the
Middle District of Pennsylvania denying his petition for writ of habeas corpus. Thomas
filed a petition under 28 U.S.C. § 2241 challenging the method that the Bureau of Prisons
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(“BOP”) uses to calculate Good Conduct Time (“GCT”). The BOP calculates GCT based
upon the amount of time an inmate actually serves, not the amount of time to which the
prisoner has been sentenced. Thomas maintains that this method is contrary to what
Congress intended when it enacted 18 U.S.C. § 3624(b).
We will summarily affirm the district court’s order denying Thomas’ petition. See
Third Circuit LAR 27.4 and I.O.P. 10.6. Summary action is appropriate where there is no
substantial question presented in the appeal. See Third Circuit LAR 27.4. In this appeal,
there is no substantial question presented. The district court was entirely correct that our
Court has squarely rejected Thomas’ argument before. See O’Donald v. Johns, 402 F.3d
172, 174 (3d Cir. 2005). In O’Donald, the petitioner also argued that he was entitled to
earn up to 54 days of GCT per year of the term of sentence imposed, rather than just on
the amount of time actually served. We held that the BOP’s interpretation of the statute,
whereby it permits GCT to be earned only on time actually served, is reasonable. See id.
at 174. Accordingly, we find that there is no substantial question presented in this appeal.
We will affirm the district court’s order. Thomas’ “Motion” filed on January 4,
2007, is denied.
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