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Kim Coaxum v. Warden Donna Zickefoose

February 24, 2011

KIM COAXUM, PETITIONER,
v.
WARDEN DONNA ZICKEFOOSE, RESPONDENT.



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

NOT FOR PUBLICATION

OPINION

APPEARANCES:

Petitioner Kim Coaxum ("Petitioner"), a prisoner currently confined at the Federal Correctional Institution at Fort Dix, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241(c)(1).*fn1 The sole respondent is Warden Donna Zickefoose.

I. BACKGROUND

Petitioner asserts that he was placed in the Segregated

Housing Unit ("SHU") and while in the SHU, he is not provided daily outside recreation so that he can receive unobstructed sun rays. Plaintiff further asserts that there is material on his cell windows that block out the sun rays.

Petitioner seeks the following relief: that he be provided with daily outside recreation; that the material blocking the sun rays on his cell windows be removed; and that his supervised release be terminated, based on irreparable injury.*fn2

II. STANDARDS FOR A SUA SPONTE DISMISSAL United States Code Title 28, Section 2243 provides in relevant part as follows:

A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.

A pro se pleading is held to less stringent standards than more formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106 (1976); Haines v. Kerner, 404 U.S. 519, 520 (1972).

A pro se habeas petition and any supporting submissions must be construed liberally and with a measure of tolerance. See Royce v. Hahn, 151 F.3d 116, 118 (3d Cir. 1998); Lewis v. Attorney General, 878 F.2d 714, 721-22 (3d Cir. 1989); United States v. Brierley, 414 F.2d 552, 555 (3d Cir. 1969), cert. denied, 399 U.S. 912 (1970). Nevertheless, a federal district court can dismiss a habeas corpus petition if it appears from the face of the petition that the petitioner is not entitled to relief. See Lonchar v. Thomas, 517 U.S. 314, 320 (1996); Siers v. Ryan, 773 F.2d 37, 45 (3d Cir. 1985), cert. denied, 490 U.S. 1025 (1989). See also 28 U.S.C. §§ 2243, 2255.

III. ANALYSIS

This court lacks jurisdiction in habeas to hear Petitioner's challenge to his placement in the Segregated Housing Unit and his daily sun exposure. Accordingly, the Petition will be dismissed without prejudice for lack of jurisdiction. Petitioner will ...


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