Turnbaugh v. Warden Gunja, No. 4:2008cv00618 - Document 4 (N.D. Ohio 2008)
Court Description: Memorandum Opinion and Order. Petition is denied. Action is dismissed pursuant to 28 USC 2243. The court certifies that an appeal from this decision could not be taken in good faith, pursuant to 28 USC 1915(a)(3). Signed by Judge Jack Zouhary on 3/17/08. (B,CJ)
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Turnbaugh v. Warden Gunja Doc. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION KENT TURNBAUGH, CASE NO. 4:08 CV 618 Petitioner, MEMORANDUM OPINION AND ORDER v. JUDGE JACK ZOUHARY WARDEN GUNJA, Respondent. On March 12, 2008, Petitioner pro se Kent Turnbaugh, an inmate at the Northeast Ohio Correctional Center (NEOCC), filed this 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 (Petition, p.5). Habeas corpus is not the appropriate challenging the conditions of one's confinement. vehicle for Abuhouran v. Morrison, No. 02-3427, 46 F.App’x. 349, 349 (6th Cir. 2002); Okoro v. Scibana, No. 99-1322, 1999 WL 1252871, at *2 (6th Cir. Dec. 15, Dockets.Justia.com 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/ Jack Zouhary 3/17/08 JACK ZOUHARY U.S. DISTRICT JUDGE 2
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