NEAL v. OLIVER

Filing 3

Entry and Order Dismissing Action - The writ which sought is not available based on the allegations presented. The action is therefore summarily dismissed without prejudice. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge Jane Magnus-Stinson on 8/1/2012.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
ROBERT DAVID NEAL,

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Petitioner,
vs.
JOHN C. OLIVER,
Respondent.

2:12-cv-223-JMS-WGH

Entry and Order Dismissing Action
I.
AA necessary predicate for the granting of federal habeas relief [to a
petitioner] is a determination by the federal court that [his or her] custody violates
the Constitution, laws, or treaties of the United States.@1 Accordingly, habeas
corpus review is available only Awhere the deprivation of rights is such that it
necessarily impacts the fact or length of detention.@2 This means, in part, that a
challenge to the conditions of confinement may not be brought pursuant to 28
U.S.C. ' 2241.3
The petitioner seeks a writ of habeas corpus based on conditions of his
confinement, involving his assignment to certain programs, at the Federal
Correctional Complex in Terre Haute, Indiana.
The writ which sought is not available based on the allegations presented.
The action is therefore summarily dismissed without prejudice.4

1 Rose vs. Hodges, 423 U.S. 19, 21 (1975).
2 Leamer v. Fauver, 288 F.3d 532, 540 (3d Cir. 2002).
3 Graham v. Broglin, 922 F.2d 379, 381 (7th Cir. 1991); Falcon v. U.S. Bureau of Prisons, 52 F.3d
137, 138-39 (7th Cir. 1995).
4 McFarland v. Scott, 512 U.S. 849, 856 (1994) “Federal courts are authorized to dismiss summarily
any habeas petition that appears legally insufficient on its face.”).

II.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

08/01/2012
Date: __________________
Distribution:
Robert David Neal
15151-180
Terre Haute Federal Correctional Institution
P.O. Box 33
Terre Haute, IN 47808

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana