Hunt v. Blue Ridge Regional Jail, No. 3:2015cv00122 - Document 3 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 3/17/15. Copy sent: Yes(tdai, )
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Hunt v. Blue Ridge Regional Jail Doc. 3 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. %fr/l M Date:1V\to\ V\%*lS /s/ Henry E. Hudson United States District Judge Richmond, Virginia Dockets.Justia.com
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