Major v. Gunja, No. 4:2008cv01934 - Document 3 (N.D. Ohio 2008)
Court Description: Memorandum Opinion and Order denying petition and dismissing this action pursuant to 28 United States Code, Section 2243. The court certifies, pursuant to 28 United States Code Section 1915(a)(3), that an appeal from this decision could not be taken in good faith. Signed by Judge Solomon Oliver, Jr on 9/30/2008. (D,M)
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Major v. Gunja Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ROBERT MAJOR, Petitioner, v. WARDEN GUNJA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 4:08 CV 1934 JUDGE SOLOMON OLIVER, JR. MEMORANDUM OF OPINION AND ORDER On August 11, 2008, petitioner pro se Robert Major, 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 or three days for each day served at NEOCC, on the ground that “the ‘Totality of Circumstances and Conditions’ at the Northeast Ohio Correctional Center borderline and/or straddle on cruel and unusual punishment, a violation of the Eighth (8) Amendment of the United States Constitution as well as the Fifth (5) and Fourteenth (14) Amendment Due Process Clause, and this has caused him to serve a more onerous period of federal pre-trial detention than that which was contemplated by the sentencing Court.” numerous cases in support of his request. As a threshold matter, Petitioner cites See Petition, p.2. habeas corpus is not the Dockets.Justia.com appropriate confinement. vehicle for challenging the conditions of one's 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 primary cases cited by petitioner in support of his request for sentence modification all concern sentencing. downward departures made by the trial As such, they are wholly inapplicable here. court at None of the other cases reasonably supports his request for relief. 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/SOLOMON OLIVER, JR. UNITED STATES DISTRICT JUDGE 2
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