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Bryon Taylor v. Donna Zickefoose

February 22, 2011

BRYON TAYLOR,
PETITIONER,
v.
DONNA ZICKEFOOSE, RESPONDENT.



The opinion of the court was delivered by: Kugler, District Judge:

NOT FOR PUBLICATION

OPINION

This matter is before the Court upon Bryon Taylor's Petition for habeas corpus relief, pursuant to 28 U.S.C. § 2241. Same as his prior petition, see Taylor v. Grondolsky, Civil No. 09-4044 (RBK), Petitioner seeks an order directing the Bureau of Prisons ("BOP") to recalculate his release date and to release him sooner as a result of pretrial conditions of confinement. For the reasons stated below, the Court will dismiss the Petition.

I. BACKGROUND

Petitioner is a federal inmate presently confined at the FCI Fort Dix in New Jersey. Petitioner is serving an aggregate 151-month sentence imposed by the United States District Court for the Northern District of Ohio in 2005, based on his guilty plea to Conspiracy to Distribute and to Possess with Intent to Distribute Cocaine Base. See United States v. Taylor, Crim. No. 03-0422 (KMO) judgment (N.D. Ohio May 10, 2005). Petitioner thereafter filed a motion to vacate, set aside, or correct his sentence in the Northern District of Ohio, which Judge Kathleen O'Malley denied on June 18, 2009. Id. docket entry #64.

Petitioner filed the § 2241 Petition presently before this Court on August 12, 2010. Petitioner asserts that he was incarcerated at the Mahoning County Justice Center from his arrest on May 15, 2003, until he was transferred to the Northeast Ohio Correction Center ("NEOCC"), operated by the Corrections Corporation of America, in September 2004. He alleges that he was incarcerated at NEOCC for eight and one-half months, from September 2004 through May 2005. He alleges that the conditions of incarceration at these facilities were so poor that they imposed punishment without due process of law, contrary to the Fifth Amendment, and cruel and unusual punishment, in violation of the Eighth Amendment. "In consideration of the violation to the Petitioner's Eighth Amendment rights, [Petitioner] is requesting that this Court would grant a two for one credit for the days the Petitioner served at the Mahoning County Justice Center (Jail) and the U.S. Marshal holdover facility at the Northeast Ohio Corrections Center also located in Youngstown, Ohio. The Petitioner was incarcerated at these two facilities for a period of twenty-four and a half (24 1/2 ) months." (Docket Entry #1 at pp. 10-11.)

Petitioner states that he exhausted administrative remedies available within the BOP by submitting an administrative remedy request to the Warden, appealing the Warden's decision to the Regional Director, and appealing the Regional Director's decision to the Central Office, which denied the claim on May 11, 2010, as follows:

This is in response to your Central Office Administrative Remedy in which you request additional Good Conduct Time (GCT), based on the conditions of your confinement at the Mahoning County Jail and the Northeast Ohio Correctional Center.

Our review found your sentence has been correctly computed. On February 4, 2004, you were sentenced in the United States District Court for the Northern District of Ohio to 46 months incarceration for your conviction of Felon in Possession of a Firearm. On April 27, 2005, you were sentenced in the same federal court to a concurrent 151 month sentence of incarceration for your conviction of Conspiracy to Distribute Cocaine Base. Your aggregate sentence is 13 years, 9 months, and 17 days. You have been awarded 38 days prior custody credit, and you are projected to earn 649 days of GCT. Your projected release date is January 9, 2016. The Bureau of Prisons (Bureau) awards GCT in accordance with Title 18 U.S.C. § 3624(b). There are no provisions in this statute to allow the award of additional GCT credits based on the conditions of your incarceration.

Accordingly, your appeal is denied. (Docket Entry #1, p. 6.)

II. DISCUSSION

A. Standard of Review

"Habeas corpus petitions must meet heightened pleading requirements." McFarland v. Scott, 512 U.S. 849, 856 (1994). Habeas Rule 2(c) requires a § 2254 petition to "specify all the grounds for relief available to the petitioner," "state the facts supporting each ground," "state the relief requested," be printed, typewritten, or legibly handwritten, and be signed under penalty of perjury. 28 U.S.C. § 2254 Rule 2(c), applicable to § 2241 through Rule 1(b). Habeas Rule 4 requires a judge to sua sponte dismiss a § 2254 petition without ordering a responsive pleading "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court." 28 U.S.C. § 2254 Rule 4, applicable to § 2241 through Rule 1(b). Thus, "Federal courts are authorized to dismiss summarily any habeas petition that appears legally insufficient on its face." McFarland, 512 U.S. at 856. Dismissal without the filing of an answer or the State court record has been found warranted when "it appears on the face of the petition that petitioner is not entitled to relief." Siers v. Ryan, ...


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