Jackson v. Gunja

Filing 3

Memorandum Opinion and Order: The Petition for Writ of Habeas Corpus (2241) is dismissed pursuant to 28 U.S.C. 2243 (related document 1 ) as to Harold Ellis Jackson. The Court certifies that an appeal from this decision could not be taken in good faith. Signed by Judge Peter C. Economus on 5/7/08. (R,Li)

Jackson v. Gunja

Doc. 3

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO HAROLD ELLIS JACKSON, Petitioner, v. WARDEN GUNJA, Respondent. On April 24, ) ) ) ) ) ) ) ) ) 2008, CASE NO. 4:08 CV 1057 JUDGE PETER C. ECONOMUS MEMORANDUM OF OPINION AND ORDER

petitioner

pro

se

Harold

Ellis

Jackson, 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

three 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

Dockets.Justia.com

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.

S/Peter C. Economus 5/7/08 PETER C. ECONOMUS UNITED STATES DISTRICT JUDGE

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