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Hunt v. Blue Ridge Regional Jail

United States District Court, E.D. Virginia, Richmond Division

March 19, 2015

FLOYD O. HUNT, JR. Petitioner,
v.
BLUE RIDGE REGIONAL JAIL, Respondent.

MEMORANDUM OPINION (DISMISSING IMPROPER 28 U.S.C. § 2241 PETITION)

HENRY E. HUDSON, District Judge.

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 ofconfinement 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.


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