Suells v. Warden Gunja

Filing 3

Memorandum Opinion and Order: The petition is denied and this action is dismissed pursuant to 28 U.S.C. Section 2243. The court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Patricia A. Gaughan on 2/2/09. (LC,S)

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Suells v. Warden Gunja Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO FRANK SWELLS, Petitioner, v. WARDEN GUNJA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 1:08 CV 2892 JUDGE PATRICIA A. GAUGHAN MEMORANDUM OF OPINION AND ORDER On December 10, 2008, petitioner pro se Frank Swells,Jr., an inmate at the Northeast Ohio Correctional Center (NEOCC), filed the above-captioned habeas corpus action under 28 U.S.C. 2241. Petitioner seeks an order reducing his federal sentence by two days for each day served at NEOCC, on the ground that "the conditions at the NEOCC borderline on cruel and unusual punishment and this has caused him to serve a more onerous period of incarceration than that which was contemplated by the sentencing Court." Petitioner cites numerous cases in support of his request. See Petition, p.5. As appropriate confinement. a threshold for matter, habeas the corpus is not of the one's vehicle challenging conditions Abuhouran v. Morrison, No. 02-3427, 49 Fed.Appx. 349 (6th Cir. Sept. 18, 2002); Okoro v. Scibana, No. 99-1322, 1999 WL 1252871 (6th Cir. Dec. 15, 1999). Further, the cases cited by Dockets.Justia.com petitioner in support of his request for sentence modification all concern downward departures made by the trial court at sentencing. As such, they are wholly inapplicable here. Accordingly, the petition is denied and this action is dismissed pursuant to 28 U.S.C. 2243. The court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. /s/ Patricia A. Gaughan PATRICIA A. GAUGHAN UNITED STATES DISTRICT JUDGE Dated: 2/2/09 -2-

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