Knight v. Gunja

Filing 6

Memorandum of Opinion and Order. 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. Judge Kathleen M. O'Malley on 10/7/2008. (H,CM)

Knight v. Gunja

Doc. 6

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO LORENZO KNIGHT, Petitioner, v. WARDEN GUNJA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 4:08 CV 1920 JUDGE KATHLEEN M. O'MALLEY MEMORANDUM OF OPINION AND ORDER

On August 8, 2008, petitioner pro se Lorenzo Knight, 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/ Kathleen M. O'Malley KATHLEEN M. O'MALLEY UNITED STATES DISTRICT JUDGE DATED: October 7, 2008

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