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Gisewhite v. Lsci-Allenwood

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 15, 2006

MICHAEL L. GISEWHITE, PETITIONER
v.
LSCI-ALLENWOOD, WARDEN MINER, RESPONDENT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 15th day of March, 2006, upon consideration of the application to proceed in forma pauperis (Doc. 2), and upon preliminary review of the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 (Doc. 1), see R. GOVERNING § 2254 CASES R.1(b) (applicable to petitions under 28 U.S.C. § 2241 in the discretion of the court), in which petitioner avers that respondent must calculate good-time credit based upon the sentence imposed rather than the amount of time served on the sentence, and it appearing that the Court of Appeals for the Third Circuit has resolved the issue and has held contrary to petitioner's argument, see O'Donald v. Johns, 402 F.3d 172, 174 (3d Cir. 2005),*fn1 it is hereby ORDERED that:

1. The application to proceed in forma pauperis (Doc. 2) is GRANTED.

2. The petition for writ of habeas corpus (Doc. 1) is DENIED. O'Donald v. Johns, 402 F.3d 172, 174 (3d Cir. 2005).

3. A certificate of appealability is DENIED.

4. The Clerk of Court is directed to CLOSE this case.


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