Bice v. Federal Bureau of Prisons et al, No. 1:2009cv02034 - Document 4 (N.D. Ohio 2009)

Court Description: Memorandum of Opinion and Order denying Petitioner's petition for writ of habeas corpus and dismissing this action pursuant to 28 USC 2243. Further, the court certifies, pursuant to 28 USC 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Christopher A. Boyko on 10/29/09. (M,M)

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Bice v. Federal Bureau of Prisons et al Doc. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO DWAYNE E. BICE, ) ) Petitioner, ) ) v. ) ) FEDERAL BUREAU OF PRISONS, et al., ) ) Respondents. ) CASE NO. 1:09 CV 2034 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER On September 1, 2009, petitioner pro se Dwayne E. Bice filed the above-captioned habeas corpus action under 28 U.S.C. § 2241. Bice, who is incarcerated at the Federal Correctional Institution at Elkton, alleges that he has not been permitted outdoor worship in accord with his religious beliefs. Habeas corpus is not the appropriate challenging the conditions of one's confinement. vehicle for Preiser v. Rodriguez, 411 U.S. 475, 498-99 (1973); Young v. Martin, No. 022518, 83 Fed.Appx. 107, 109 (6th Cir. Dec. 5, 2003); Okoro v. Scibana, No. 1322, 1999 WL 1252871 (6th Cir. Dec. 15, 1999). Further, to the extent petitioner seeks relief other than release, Dockets.Justia.com the appropriate action would be to file a civil rights complaint.1 Accordingly, the petition for writ of habeas corpus is denied and this action is dismissed pursuant to 28 U.S.C. § 2243. Further, 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/Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE October 29, 2009 1 To file a civil rights action, petitioner would be required either to pay the $350 filing fee or to file a prisoner account statement so that the court would have sufficient financial information to assess and collect the filing fee. 28 U.S.C. § 1915; McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). 2

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