Morfin v. Warden Gunja, No. 4:2008cv02595 - Document 3 (N.D. Ohio 2008)
Court Description: Memorandum Opinion and Order: This case is dismissed under 28 USC 1915A. Judge Peter C. Economus on 12/24/08. (BR,S)
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Morfin v. Warden Gunja Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO MIGUEL G. MORFIN, Plaintiff, v. WARDEN GUNJA, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 4:08 CV 2595 JUDGE PETER C. ECONOMUS MEMORANDUM OF OPINION AND ORDER On November 3, 2008, plaintiff pro se Miguel G. Morfin, an inmate at the Lompoc Federal Correctional Institution, filed this 42 U.S.C. § 1983 action against Northeast Ohio Correctional Center (NEOCC) Warden Gunja. The complaint alleges plaintiff was held under adverse conditions of confinement at NEOCC, and seeks an order requiring the Bureau of Prisons to award him two days sentencing credit for each day he served there. For the reasons stated below, this action is dismissed. A district court is expressly required to dismiss any civil action filed by a prisoner seeking relief from a governmental officer or entity, as soon as possible after docketing, if the court concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915A; Siller v. Dean, No. 99-5323, 2000 WL 145167 , at *2 (6th Dockets.Justia.com Cir. Feb. 1, 2000). Plaintiff present confinement. is essentially challenging length of his When a prisoner challenges "the very fact or duration of his physical imprisonment, ... his sole federal remedy is a writ of habeas corpus." Preiser v. Rodriguez, 411 U.S. 475 (1973). Accordingly, this action is dismissed under 28 U.S.C. § 1915A. Further, 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/Peter C. Economus - 12/24/08 PETER C. ECONOMUS UNITED STATES DISTRICT JUDGE 2
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