Little vs. Fleming, (5th Cir. 2003)

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Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. United States Court of Appeals Fifth Circuit FILED August 26, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-10247 Summary Calendar MICHAEL AARON LITTLE, Petitioner-Appellant, versus LES E. FLEMING, Warden, Federal Medical Center - Fort Worth, Respondent-Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:03-CV-13-A Before SMITH, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM: 1 Michael Aaron Little (Little), federal prisoner # 06099-058, appeals the district court§ 2241. Little claims that the Bureau of Prisons erred in failing to restore his forfeited statutory good time credit on his federal sentence. He argues that the warden did not have the discretion to deny his request for the restoration of his statutory good time.

Little has failed to show that the prison administration abused its discretion or that he did not receive proper notice from the prison authorities. The warden had the discretion to deny LittleÂ’s request for restoration of his statutory good time. See Sexton v. United States , 429 F.2d 1300, 1301 (5th Cir. 1970).

Accordingly, the judgment of the district court is AFFIRMED.

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