Mart v. Ky. Dep't of Corrs.

DAVID L. BUNNING UNITED STATES DISTRICT JUDGE

MEMORANDUM OPINION AND ORDER

DAVID L. BUNNING UNITED STATES DISTRICT JUDGE

Bobby Mart, Jr. is a state prisoner at the Eastern Kentucky Correctional Complex in West Liberty, Kentucky. Proceeding without a lawyer, Mart recently filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. # 1), along with a motion for leave to proceed in forma pauperis (Doc. # 3).

As an initial matter, the Court will grant Mart's fee motion. That is because the information contained in Mart's submission indicates that he lacks the assets and income to pay even the modest filing fee in this case.

That said, the Court has also conducted an initial screening of Mart's habeas petition pursuant to 28 U.S.C. § 2243 and will deny it. Mart discusses his multiple state convictions and sentences and suggests that the Kentucky Department of Corrections is miscalculating his release date. (Doc. # 1 at 5). However, Mart appears to acknowledge that he has not raised the state sentencing matter either administratively with the Kentucky Department of Corrections or through a filing in state court. (See id. at 6-7). Thus, even if Mart's claim was cognizable in a § 2241 proceeding, his submission would be premature at best. Plus, the Court can only grant federal habeas relief if a petitioner demonstrates that he is being confined in violation of the Constitution or federal law, see 28 U.S.C. § 2241(c)(3), and, here, Martin has not made such a showing, particularly since the issue raised is squarely a matter of state concern. See Howard v. White, 76 Fed.Appx. 52, 53 (6th Cir. 2003); Gibbs v. Robey, No. 3:21-cv-407-BJB, 2021 WL 5862567, at *2 (W.D. Ky. Nov. 18, 2021); Henson v. Hart, No. 6:19-cv-247-HRW-EBA, 2020 WL 4577706 (E.D. Ky. June 12, 2020), report and recommendation adopted, No. 6:19-cv-247-HRW-EBA, 2020 WL 4572912 (E.D. Ky. Aug. 7, 2020). For these reasons, Mart's petition is simply unavailing.

Accordingly, it is ORDERED as follows:

(1) Mart's motion for leave to proceed in forma pauperis (Doc. #3) is GRANTED, and payment of the filing fee is WAIVED;

(2) Mart's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. #1) is DENIED without prejudice to his right to pursue the matter raised with the Kentucky Department of Corrections and in state court;

(3) This action is DISMISSED and STRICKEN from the Court's docket; and

(4) The Court will enter a corresponding Judgment.