IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

RYAN BONNEAU, 6:15-cv-00152-KI 

Petitioner, 

v. 

MARION FEATHER, Warden, FCI 

Sheridan, 

Respondent. 

KING, Judge 

ORDER 

Petitioner is in the custody of the Bureau of Prisons (BOP) 

pursuant to his conviction and revocation of supervised release in 

Uni.ted States v. Bonneau, 3:10-cr-00402-M0-1, CR 20 & 146. His 

release date is August 6, 2015. Petitioner currently is confined 

at FCI Sheridan awaiting trial on new charges in United States v. 

Bonneau, 3: 14-cr-00257-MO, which is set for trial on April 14, 

2015. 1 

1 A detention hearing was not held in 3:14-cr-00257-MO 

because petitioner is confined pursuant to the judgments of 

conviction and revocation of supervised release in 3:10~cr004020-M0-1. See CR 22 (Minutes of Proceedings). 

1 ORDER 

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In the instant proceeding, petitioner seeks his immediate 

placement in a Residential Reentry Center (RRC) on the basis that, 

prior to his transfer from USP Lompoc to FCI Sheridan, he was 

scheduled to be released to the Northwest Residential Re Entry 

Center in Portland, Oregon, on February 10, 2015. Petitioner 

alleges that his RRC placement was cancelled by Missy Kallunki, the 

Manager of the Correctional Systems Department (CSD), on the basis 

that he could not be released to an RRC while confined in Oregon on 

a writ. 

According to petitioner, "Kallunki is not involved in the 

consideration of an inmate for RRC, (but] merely facilitates the 

requests that are approved and ensures, inter alia, that the inmate 

leaving on the date scheduled is the correct inmate." Habeas 

Petition at 4. Petitioner complains that this unilateral decision 

was "solely on the whim of CSD Manager Kallunki who did not 

consider the factors of 18 U.S.C. Section 3621 (b) in making her 

decision." Id. 

Petitioner's Motion for Temporary Restraining Order and 

Preliminary Injunction is denied on the basis that (1) the court 

has yet to receive from petitioner the requisite $5.00 filing fee; 

(2) petitioner has not exhausted his administrative remedies and 

has not demonstrated that exhaustion should be waived; (3) Bureau 

of Prisons Program Statement 7310.04(10) (f) provides that inmates 

who have unresolved pending charges which will likely lead to 

2 - ORDER 

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arrest, conviction, or confinement, shall not ordinarily 

participate in community correction programSi and (4) petitioner 

has failed to demonstrate a likelihood of irreparable injury or 

that an injunction is in the public interest given the fact that 

the pending criminal charges against ti tioner have yet to be 

considered by correctional officials as part of an RRC placement 

decision. If this court were to order respondent to reconsider the 

cancellation of petitioner's RRC release date using t five 

crite set forth in 18 U.S.C. § 3621, 2 it is likely that such 

placement would be denied based on Program Statement 

7310.04 (10) (f). See Kurt v. Daniels, 2007 WL 593575 *3 *4 (D.Or. 

Feb. 14, 2007) (upholding denial of RRC placement bas on Program 

Statement 7310.04 (10) (f)). 

Accordingly, neither a mandatory temporary restraining order, 

nor a preliminary injunction is warranted. Winter v. Natural Res. 

Def. Council, Inc., 555 U.S. 7, 20-22 (2008). 

CONCLUSION 

Bas on the regoing, itioner's motion for a temporary 

restraining order or preliminary injunction (CR 5) is DENIED. The 

briefing in this matter shall proceed in accordance with the 

court's expedited scheduling order (CR 3). However, this action 

2 See Sacora v. Thomas, 

2010) (five factors of § 3 

CFR § 570.22. 

3 ORDER 

628 F.3d 1059, 1061 62 (9th Cir. 

1 govern RRC placement de sion); 28 

Case 6:15-cv-00152-MO Document 6 Filed 02/11/15 Page 3 of 4
shall be dismissed for lack of prosecution if the $5.00 ling fee 

is not received by the court within 20 days of the date of this 

order. 

IT IS SO ORDERED. 

DATED this I( day of February, 2015. 

Garr M. King 

United States District Judge 

3 The court notes that petitioner attached to his habeas 

petition a Request for Withdrawal of Inmate's Personal Funds 

indicating that he requested the BOP to send the $5.00 filing fee 

to the court. Habeas Petition (CR 1), Exh. C. 

4 - ORDER 

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