Hunt v. Blue Ridge Regional Jail

Filing 3

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 3/17/15. Copy sent: Yes(tdai, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

FLOYD O. HUNT, JR.

Petitioner,
Civil Action No. 3:15CV122-HEH

v.

BLUE RIDGE REGIONAL JAIL,

Respondent.
MEMORANDUM OPINION

(Dismissing Improper 28 U.S.C. § 2241 Petition)

Petitioner, a Virginia inmate proceeding pro se, filed this 28 U.S.C. § 2241
petition ("§ 2241 Petition," ECF No. 1) on February 27, 2015. Petitioner challenges his

conditions of confinement, specifically his ongoing incarceration in a regional jail and the
assessed housing fee and restrictions on his religious practice. (§ 2241 Pet at 4-6.)
"[T]he settled rules [provide] that habeas corpus relief is appropriate only when a
prisoner attacks the fact or duration of confinement; whereas, challenges to the conditions

of confinement that would not result in a definite reduction in the length of confinement
are properly brought" by some other procedural vehicle. Olajide v. B.I.C.E., 402 F.

Supp. 2d 688, 695 (E.D. Va. 2005) (emphasis omitted) (internal citations omitted) (citing
Strader v. Troy, 571 F.2d 1263, 1269 (4th Cir. 1978)). Petitioner squarely attacks his

conditions of confinement. Thus, he may not use § 2241 Petition to bring such claims.
Accordingly, the action will be dismissed.

An appropriate Order shall accompany this Memorandum Opinion.

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Date:1V\to\ V\%*lS
Richmond, Virginia

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Henry E. Hudson
United States District Judge