Anderson v. Martinez

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

ARTHUR ANDERSON #29252-009 CASE NO. 2:23-CV-01751 SEC P VERSUS JUDGE JAMES D. CAIN, JR. FELIPE MARTINEZ MAGISTRATE JUDGE LEBLANC MEMORANDUM ORDER Before the court is a Motion for Reconsideration [doc. 14] filed by plaintiff Arthur Anderson, concerning the Report and Recommendation of the Magistrate Judge adopted by the undersigned [doc. 13] and dismissing his claims for relief under 28 U.S.C. § 2241. Anderson, an inmate in the custody of the Bureau of Prisons, argues that the court erred in failing to review the merits of his prison disciplinary conviction. But as the magistrate judge noted, that conviction only resulted in the loss of commissary, email, and visitation privileges that did not impact the length of Anderson’s sentence. Such punishments relate instead to an inmate’s conditions of confinement and are not reviewable under 28 U.S.C. § 2241. See, e.g., Madison v. Parker, 104 F.3d 765, 768 (Sth Cir. 1997) (30-day commissary and cell restriction punishment did not warrant habeas relief); Malchi v. Thaler, 211 F.3d 953, 958-59 (Sth Cir. 2000) (same). Accordingly, there is no basis for the court to reconsider and the motion [doc. 14] is DENIED. THUS DONE AND SIGNED in Chambers on the 19th day of December, 2024.

UNITED STATES DISTRICT JUDGE