Bonner v. McMullick

Filing 19

ORDER Denying 6 Medical Emergency Motion Without Prejudice. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRIAN JOHNNIE BONNER, # 397095,
Case Number: 2:17-CV-12111
HON. SEAN F. COX

Petitioner,
v.
MARK MCCULLICK,
Respondent.
/

ORDER DENYING PETITIONER’S
MEDICAL EMERGENCY MOTION WITHOUT PREJUDICE
Michigan state prisoner Brian Johnnie Bonner filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254, asserting he is being held in violation of his
constitutional rights. Now before the Court is Petitioner’s Medical Emergency Motion.
Petitioner’s motion concerns the conditions of Petitioner’s confinement. Petitioner
claims that prison officials have interfered with his legal mail and denied him medical
treatment for serious physical ailments. Petitioner filed an identical motion in a prisoner
civil rights case presently pending in this Court before the Honorable Denise Page Hood.
See Bonner v. Washington, et al., No. 2:17-cv-11694. A petition for a writ of habeas
corpus provides the appropriate vehicle for challenging the fact or duration of a prisoner’s
confinement. Preiser v. Rodriguez, 411 U.S. 475, 486-87 (1973). Habeas corpus is not
the proper vehicle for challenging conditions of confinement or mistreatment during
incarceration. See Martin v. Overton, 391 F.3d 710, 714 (6th Cir. 2004). Petitioner’s

claims regarding his legal mail and the denial of medical care “fall outside of the
cognizable core of habeas corpus relief.” Hodges v. Bell, 170 Fed. App’x 389, 393 (6th
Cir. 2006). They are best addressed in the civil rights proceeding presently pending in
this Court.
Accordingly, the Court DENIES WITHOUT PREJUDICE Petitioner’s Medical
Emergency Motion (ECF No. 6).
SO ORDERED.
Dated: January 12, 2018

s/Sean F. Cox
Sean F. Cox
U. S. District Judge

I hereby certify that on January 12, 2018, the foregoing document was served on counsel
of record via electronic means and upon Brian Johnnie Bonner via First Class mail at the
address below:
Brian Johnnie Bonner 397095
CHARLES EGELER RECEPTION
AND GUIDANCE CENTER ANNEX
3855 COOPER STREET
JACKSON, MI 49201

s/J. McCoy
Case Manager

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