Rivera v. Warden Gunja

Filing 4

Memorandum Opinion and Order: The Petition for Writ of Habeas Corpus (Related Doc # 1 ) is denied and this action is dismissed pursuant to 28 USC Section 2243. The Court certifies, pursuant to 28 USC Section 1915(a)(3), that an appeal from this decision could not be taken in good faith. Signed by Judge Sara Lioi on 3/19/2008. (P,J)

Rivera v. Warden Gunja

Doc. 4

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ROBERTO MIGUEL RIVERA, Petitioner, vs. WARDEN GUNJA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 4:08 CV 503 JUDGE SARA LIOI MEMORANDUM OF OPINION AND ORDER

On February 28, 2008, petitioner pro se Roberto Miguel Rivera, 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 Athe 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. (Doc. No. 1, at 5.) As a threshold matter, habeas corpus is not the appropriate vehicle for challenging the conditions of one's confinement. Abuhouran v. Morrison, No. 02-3427, 49 Fed.Appx. 349 (6th

Dockets.Justia.com

Cir. Sept. 18, 2002); Okoro v. Scibana, No. 99-1322, 1999 WL 1252871 (6th Cir. Dec. 15, 1999). Further, the cases cited by 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. Dated: March 19, 2008 HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE

2