Bop

FILED

NOT FOR PUBLICATION OCT 10 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHANE AARON ABBOTT, No. 12-35801

Petitioner - Appellant, D.C. No. 3:11-cv-01047-MO

v.

MEMORANDUM*

FEDERAL BUREAU OF PRISONS; J.E.

THOMAS, Warden,

Respondents - Appellees.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted August 26, 2014 Seattle, Washington

Before: WARDLAW, GOULD, and CHRISTEN, Circuit Judges.

In 2011, Petitioner Shane Abbott (“Abbott”) sought acceptance into the

Residential Drug Abuse Program (“RDAP”) run by the Bureau of Prisons (“BOP”)

and was denied, based on a 2009 BOP rule that precluded prisoners with

outstanding warrants from RDAP eligibility. He filed a petition for a writ of

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. habeas corpus seeking to compel the BOP to allow him into RDAP, which was

denied by the district court. He appealed that decision in…