David Michael Woodward, M.D. v. Loren Grayer

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APRIL 9, 2008
THOMAS K. KAHN
No. 07-14054
CLERK
Non-Argument Calendar
________________________
D. C. Docket No. 07-01664-CV-MHS-1
DAVID MICHAEL WOODWARD, M.D.,
Petitioner-Appellant,
versus
LOREN GRAYER,
Warden,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(April 9, 2008)
Before TJOFLAT, BLACK and KRAVITCH, Circuit Judges.
PER CURIAM:
David Michael Woodward appeals the district court’s dismissal of his §
2241 habeas petition. Woodward was sentenced to 156 months imprisonment and
was ordered to pay restitution. He argues that the Bureau of Prisons (“BOP”) is
improperly withdrawing funds from his prison account to satisfy the restitution
order. Woodward contends that the BOP is misinterpreting the sentencing judge’s
restitution order, claiming that he is not required to pay the balance of the
restitution until he is released from prison.
We will reverse a dismissal of a habeas claim that is based on an error of law
(as opposed to a jurisdictional or constitutional claim) only if that error is “a
fundamental defect which inherently results in a complete miscarriage of justice.”
See United States v. Addonizio, 442 U.S. 178, 185 (1979).
Even if Woodward is correct that the BOP is improperly withdrawing money
from his prison account to pay restitution, he does not meet this burden.
We, therefore, AFFIRM.
2