IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
March 29, 2012
MAURICE R. GOINS, EB-7972, PETITIONER
MICHAEL W. HARLOW, RESPONDENT.
The opinion of the court was delivered by: Robert C. Mitchell United States Magistrate Judge
REPORT and RECOMMENDATION
It is respectfully recommended that the petition of Maurice R. Goins for a writ of habeas corpus be dismissed and because reasonable jurists could not conclude that a basis for appeal exists, that a certificate of appealability be denied.
Maurice R. Goins, an inmate at the State Correctional Institution at Albion has presented a "Petition for a writ of Habeas Corpus ad Testificandum" which he has been granted leave to prosecute in forma pauperis.
In his petition, Goins does not seek to challenge any conviction but rather his housing in the RHU at Albion and seeking release from that type of confinement.*fn1 In Leamer v. Fauver, 288 F.3d 532 (3d Cir.2002), the Court repeated that habeas corpus relief is limited to review of the legality of detention the relief being release from custody. Here Goins does not challenge the legality of his conviction or detention but rather the conditions under which the imposed sentence is being served. The latter is clearly the scope of a §1983 action. Leamer supra. However, having previously experienced the dismissal of prior §1983 actions on more than three occasions he can no longer proceed in a civil rights action as a pauper. 28 U.S.C. §1915(g).*fn2
Thus, the attempted end-run against this statute.*fn3
Thus, because this petition cannot be considered as a civil right petition and has no merit as a habeas corpus petition, it is recommended that it be dismissed. Additionally, because reasonable jurists could not conclude that a basis for appeal exists, it is also recommended that a certificate of appealability be denied.
Litigants who seek to challenge this Report and Recommendation must seek review by the district judge by filing objections within fourteen (14) days of this date. Failure to do so will waive the right to appeal.
Respectfully submitted, Filed: March 29, 2012