Lee v. Haynes et al

Filing 52

ORDER ADOPTING 16 the Magistrate Judge's Report and Recommendations; Lee's petition for writ on habeas corpus is DENIED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 12/29/2011. (csr)

rtT
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
7011 DEC 29 FM 12 .i
BRUNSWICK DIVISION

C
MICHAEL ANTRANTRINO LEE,
Petitioner,
V.

CIVIL ACTION NO.: CV21 1-079

ANTHONY HAYNES, Warden, and
HARLEY G. LAPPINS, Director
of B.O.P.,
Respondents.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Petitioner Michael Lee ('Lee") asserts that he should
be placed on a temporarily exempt status from the Inmate Financial Responsibility
Program ('IFRP") until his medical condition has improved and he can earn money
toward his fine. Lee also asserts that his placement on refusal status while he was
housed

at the Federal Correctional Institution in Jesup, Georgia ('FCI Jesup"), was an

act of racial discrimination.
This Court cannot place Lee on a temporarily exempt status for the !FRP. The
management of the IFRP is a function within the Bureau of Prisons' purview, not this
Court's. See Bell v. Wolfish, 441 U.S. 520, 529 n. 11 (1979). In addition, should Plaintiff
feel that he was discriminated against on the basis of his race while he was housed at

.0 72A
ev. 8182)

FCI Jesup, the proper vehicle to bring that claim would be 28 U.S.C. § 1331 and Biveris
v. Six Unknown Named A gents of Federal Bureau of Narcotics, 403 U.S. 388 (1971),
not a 28 U.S.C. § 2241 habeas petition. See generally, Farmer v. Brennan, 511 U.S.
825 (1994); AbeIlo v. Rubino, 63 F.3d 1063 (11th Cir. 1995) (claims in which prisoners
assert that they are being subjected to unconstitutional punishment not imposed as part
of their sentence during the period of incarceration or being deprived of an alleged

liberty interest, are civil rights actions, not habeas actions).
Lee's Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Lee's petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DENIED. The Clerk of Court is
directed to enter the appropriate judgment of dismissal.

SO ORDERED, this

jP

day of

20

_L.

LISA GOE WOOD,.GJF JUDGE
UNITE VSTATES 1TRJCT COURT
SOU1? 1ERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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