Howard Bloomgarden v. Bureau of Prisons

MEMORANDUM

Appellant Howard Bloomgarden appeals the district court’s administrative closure of his challenge to his transfer from federal to state custody. The Interstate Agreement on Detainers Act (IAD) provides for the transfer of prisoners between states, and between federal and state custody. 18 U.S.C. app. 2 § 2. When the federal government transfers a prisoner to state custody, the IAD provides for a 30-day period before the transfer during which the Attorney General “may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.” 18 U.S.C. app. 2 § 2, art. IV(a). In an earlier appeal, we held that Bloomgarden was transferred without the opportunity to request that the Attorney General disapprove his transfer and we remanded with instructions that “Bloomgarden may file a motion with the U.S. Attorney General ... requesting the Attorney General exercise his discretion to disapprove Bloomgarden’s transfer to California. The Attorney General shall promptly review Bloomgarden’s motion and shall notify Bloomgarden and the California district court of his decision.” Bloomgarden filed such a motion, which was denied by…