Mighty v. Williams, No. 4:2020cv02188 - Document 15 (N.D. Ohio 2021)
Court Description: Opinion and Order signed by Judge James S. Gwin on 3/2/2021. For the reasons as set forth in this order, the Court ADOPTS Magistrate Judge Greenbergs R&R, incorporates it as if fully restated herein, and DENIES Petitioner Mightys § 2241 petition 11 Report and Recommendation and 1 Petition for Writ of Habeas Corpus (2241)(S,KM)
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Mighty v. Williams Doc. 15 Case: 4:20-cv-02188-JG Doc #: 15 Filed: 03/02/21 1 of 4. PageID #: 127 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------: EDWARD A. MIGHTY, : : : Petitioner, : : vs. : : MARK K. WILLIAMS, : Warden, FCI Elkton : : : Respondent. : : ------------------------------------------------------------ CASE NO. 4:20-cv-2188 OPINION AND ORDER [Resolving Doc. 14] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On September 28, 2020, Petitioner Edward A. Mighty, an FCI Elkton inmate, brought a pro se federal habeas 28 U.S.C. § 2241 petition, arguing that the conditions of his confinement during the COVID-19 pandemic violate the Eighth Amendment’s cruel and unusual punishment prohibition. 1 Mighty requests that he be released to home confinement, furlough, non-transfer furlough, or Residential Reentry Center Placement. 2 The Government opposes Mighty’s petition. 3 This Court referred the matter to Magistrate Judge Jonathan D. Greenberg. On February 18, 2021, Magistrate Judge Greenberg issued a Report & Recommendation 4 (“R&R”) recommending that this Court deny Petitioner Mighty’s § 2241 petition based on the Sixth Circuit’s recent decision in Wilson v. Williams, which denied a 1 Doc. 1. 2 Id. 3 Doc. 6. Doc. 11 at 7–9. 4 Dockets.Justia.com Case: 4:20-cv-02188-JG Doc #: 15 Filed: 03/02/21 2 of 4. PageID #: 128 Case No. 4:20-cv-2188 Gwin, J. similar FCI Elkton Eighth Amendment-based petition. 5 On February 19, 2021, Mighty moved to appoint counsel. 6 On March 1, 2021, this Court declined to appoint counsel. 7 Also on March 1, 2021 Petitioner Mighty submitted his pro se objections to the R&R. 8 In his objections, Mighty argued, as the R&R itself acknowledged, that his claim for release from Bureau of Prisons custody was cognizable under 28 U.S.C. § 2241. 9 Mighty did not address the fact that the R&R disposed of his claims on the merits. 10 The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have made an objection. 11 Petitioner Mighty did not object to the R&R’s merits findings, waiving a de novo review. But even if this Court reviewed the R&R’s merits findings de novo, it would adopt them. As the R&R acknowledged, the Sixth Circuit’s decision in Wilson controls. An Eighth Amendment deliberate indifference claim has both an objective and a subjective component. 12 The former requires a petitioner to show that he is “incarcerated under conditions posing a substantial risk of serious harm.” 13 The latter requires a showing that prison officials “know[ ] of and disregard[ ] an excessive risk to inmate health or safety.” 14 5 Wilson v. Williams, 961 F.3d 829, 839 (6th Cir. 2020). 6 Doc. 12. Doc. 13. 8 Doc. 14. 7 9 Id. Id. 10 11 12 13 14 28 U.S.C. § 636(b)(1). Wilson, 961 F.3d at 839–40. Id. Farmer v. Brennan, 511 U.S. 825, 837 (1994). -2- Case: 4:20-cv-02188-JG Doc #: 15 Filed: 03/02/21 3 of 4. PageID #: 129 Case No. 4:20-cv-2188 Gwin, J. Here, as in Wilson, Petitioner Mighty has satisfied the objective component by showing the heightened COVID-19 risk inmates face. But, also as in Wilson, Mighty has failed to show that FCI Elkton officials subjectively disregarded inmate COVID-19 risk. “[P]rison officials who actually knew of a substantial risk to inmate health or safety may be found free from liability if they responded reasonably to the risk, even if the harm ultimately was not averted.” 15 The Sixth Circuit found in Wilson that FCI Elkton officials had made a valiant, though largely unsuccessful, effort to protect inmates and staff from COVID19, including by (1) [I]mplement[ing] measures to screen inmates for the virus; (2) [I]solat[ing] and quarantin[ing] inmates who may have contracted the virus; (3) [L]imit[ing] inmates’ movement from their residential areas and otherwise limit[ing] group gatherings; (4) [C]onduct[ing] testing in accordance with CDC guidance; limit[ing] staff and visitors and subject[ing] them to enhanced screening; clean[ing] common areas and giv[ing] inmates disinfectant to clean their cells; (5) [P]rovid[ing] inmates continuous access to sinks, water, and soap; (6) [E]ducat[ing] staff and inmates about ways to avoid contracting and transmitting the virus; and (7) [P]rovid[ing] masks to inmates and various other personal protective equipment to staff. 16 Further, since the Sixth Circuit decided Wilson in June 2020, a COVID-19 vaccine has been developed, and the Bureau of Prisons has begun administering vaccines to its 15 16 Wilson, 961 F.3d at 840. Id. at 840–41. -3- Case: 4:20-cv-02188-JG Doc #: 15 Filed: 03/02/21 4 of 4. PageID #: 130 Case No. 4:20-cv-2188 Gwin, J. inmates under Centers for Disease Control guidance. 17 As of March 2, 2021, more than 60,000 vaccine doses have been administered to federal staff and inmates, including more than 23,000 staff and inmates receiving full two-dose COVID-19 vaccines. 18 Though federal inmates remain in objective danger while COVID-19 circulates in federal prisons, Bureau of Prisons officials’ diligent efforts to follow CDC Guidelines and expeditiously vaccinate inmates shows that prison officials have not subjectively disregarded that danger. Because Petitioner Mighty cannot satisfy the subjective component of an Eighth Amendment claim, the R&R properly recommended that Mighty’s 28 U.S.C. § 2241 petition be denied. Accordingly, the Court ADOPTS Magistrate Judge Greenberg’s R&R, incorporates it as if fully restated herein, and DENIES Petitioner Mighty’s § 2241 petition. IT IS SO ORDERED. Dated: March 2, 2021 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 17 Centers for Disease Control and Prevention, COVID Data Tracker, COVID-19 Vaccinations in the United States, https://covid.cdc.gov/covid-data-tracker/#vaccinations (last visited Mar. 2, 2021). 18 Id. -4-
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