Simmons v. Warden Gunja

Filing 3

Memorandum Opinion and Order denying re 1 Petition for Writ of Habeas Corpus (2241), Petition for Writ of Habeas Corpus (2241) filed by John Simmons, Jr. and this action is dismissed pursuant to 28 U.S.C. section 2243.. Signed by Judge Kathleen M. O'Malley on 3/17/08. (E,P)

Simmons v. Warden Gunja

Doc. 3

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO JOHN SIMMONS, JR., Petitioner, v. WARDEN GUNJA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 4:08 CV 327 JUDGE KATHLEEN M. O'MALLEY MEMORANDUM OF OPINION AND ORDER

On February 11, 2008, petitioner pro se John Simmons,Jr., an inmate at the Northeast Ohio Correctional Center (NEOCC), filed the above-captioned habeas corpus action. 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." cases in support of his request. As appropriate confinement. a threshold for Petitioner cites numerous

See Petition, p.5. habeas the corpus is not of the one's

matter,

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/ Kathleen M. O'Malley KATHLEEN M. O'MALLEY UNITED STATES DISTRICT JUDGE DATED: March 17, 2008

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