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Giordano V Boulet

          IN THE UNITED STATES DISTRICT COURT                        
        FOR THE SOUTHERN DISTRICT OF MISSISSIPPI                     
                  NORTHERN DIVISION                                  


PHILIP A. GIORDANO,                                                       

               Plaintiff,                                            

v.                                    CAUSE NO. 3:22-CV-749-CWR-LGI       

WARDEN UNKNOWN BOULET,                                                    

               Defendant.                                            

                        ORDER                                        
Before the Court is Petitioner Philip A. Giordano’s objection to the Magistrate Judge’s 
Report and Recommendation. Docket No. 19.                                 
Giordano  first  argues  that  the  Court  has  jurisdiction  to  enforce  the  settlement 
agreement. The Magistrate Judge found that the Court was without jurisdiction because the 
parties’ stipulation did not contain a provision permitting the Court to enforce the settlement 
agreement. This Court agrees. See Kokkonen v. Guardian Life Ins. of Am., 511 U.S. 375, 381–82 
(1994). Giordano has cited no evidence or authority to the contrary.      
Giordano also argues that the Court has subject-matter jurisdiction over his remaining 
claims. The Magistrate Judge properly found that the Court was without jurisdiction under 
28  U.S.C.  §  2241  because  Giordano’s  Walsh  Act/PSF  Sex  Offender  designations  and 
PATTERN score do not affect the duration or constitutionality of his confinement. Because 
“[a] finding in [Giordano’s] favor would not result in his necessarily being released from 
prison sooner than would otherwise be the case,” his petition must be denied. Winston v. 
Young,  No.  5:14-CV-39,  2015  WL  9916168,  at  *2  (E.D.  Tex.  Dec.  28,  2015),  report  and 
recommendation adopted, No. 5:14-CV-39, 2016 WL 310518 (E.D. Tex. Jan. 25, 2016).1 
For these reasons, the objection is overruled and the Report and Recommendation is 

adopted as this Court’s own findings. A separate Final Judgment shall issue this day. 
SO ORDERED, this the 23rd day of July, 2025.                         
                         s/ Carlton W. Reeves                        
                         UNITED STATES DISTRICT JUDGE                
















1 This Court also agrees with the Magistrate Judge’s findings on the merits. Giordano’s designations and 
PATTERN score are appropriate. Though he was not convicted of a sexual offense, “his presentence report 
and the decisions affirming his convictions indicate that he repeatedly sexually abused his victims.” See 
Docket No. 19 at 8.