UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

ABDULLAH BROWN, :

:

Petitioner : CIVIL NO. 4:CV-05-2646

:

v. :

: (Judge McClure)

:

WARDEN K. HOGSTEN, ET AL., :

:

:

Respondents :

ORDER

December 22, 2005

Background

Abdullah Brown (“Petitioner”), an inmate presently confined at the Allenwood

Federal Correctional Institution, White Deer, Pennsylvania (“FCI-Allenwood”),

initiated this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 

The petition is accompanied by an in forma pauperis application. Named as

Respondents are the following FCI-Allenwood employees: Warden K. Hogsten,

Chaplain J. Beadle and Head Chaplain Crooks. For the reasons outlined below, the

petition will be denied without prejudice to any right Brown may have to reassert his

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present claims in a properly filed civil rights complaint.

Petitioner identifies himself as being a Sunni Muslim who wishes to practice his

religious beliefs. His petition alleges that for the past year “the practice of the

Chaplaincy Department of FCI Allenwood to not provide a Sunni Muslim Imam on

contract, to Petitioner” has violated his rights under the First Amendment. Record

document no. 1, p. 1. He adds that the Defendants are failing to provide him with the

pastoral care he requires as a Muslim inmate. 

Brown’s instant petition does not challenge either the legality of his criminal

conviction or the resulting sentence. Rather, he seeks an order directing the

Defendants to “contract a Muslin Imam Chaplain from the neighboring community or

allow regular visits by a Muslim volunteer to give religious leadership to the inmates of

this institution who wish to receive it.” Id. at p. 2. 

Discussion

Habeas corpus petitions are subject to summary dismissal pursuant to Rule 4

(“Preliminary Consideration by the Judge”) of the Rules Governing Section 2254

Cases in the United States District Courts, 28 U.S.C. foll. § 2254 (1977). See, e.g.,

Patton v. Fenton, 491 F. Supp. 156, 158-159 (M.D. Pa. 1979). Rule 4 provides in

pertinent part: “If it plainly appears from the face of the petition and any exhibits

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annexed to it that the petitioner is not entitled to relief in the district court, the judge

shall make an order for its summary dismissal and cause the petitioner to be notified.” 

A petition may be dismissed without review of an answer “when the petition is

frivolous, or obviously lacking in merit, or where. . . the necessary facts can be

determined from the petition itself. . . .” Allen v. Perini, 424 F.2d 134,141 (4th Cir.),

cert. denied, 400 U.S. 906 (1970). Accord Love v. Butler, 952 F.2d 10, 15 (1st Cir.

1991). The Fourth Circuit Court of Appeals also stated that “the District Court has a

duty to screen out a habeas corpus petition which should be dismissed for lack of

merit on its face.” Allen, 424 F.2d at 141.

It is well-settled that a habeas corpus petition may be brought by a prisoner who

seeks to challenge either the fact or duration of his confinement in prison. Preiser v.

Rodriguez, 411 U.S. 475 (1973), Telford v. Hepting, 980 F.2d 745, 748 (3d Cir.), cert.

denied, 510 U.S. 920 (1993). Federal habeas corpus review is available only “where

the deprivation of rights is such that it necessarily impacts the fact or length of

detention.” Leamer v. Fauver, 288 F.3d 532, 540 (3d Cir. 2002). 

 From a careful review of the petition, it is clear that Petitioner does not 

challenge the legality of either his underlying criminal conviction or resulting sentence. 

He also does not claim that his sentence has been improperly calculated or otherwise

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 In this regard, this Court expresses no opinion as to the merits, if any, of any

civil rights claim Brown may file based upon the facts asserted herein.

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attack the length of his present incarceration. Rather, Brown seeks relief on the

grounds that he was denied a reasonable opportunity to practice his religious beliefs. 

 Petitioner acknowledges that the purportedly unconstitutional actions did not

include a loss of good time credits or otherwise extend the length of his confinement. 

Thus, the purported constitutional misconduct did not adversely affect the fact or

duration of Petitioner’s incarceration. See Wapnick v. True, Civil No. 4:CV-97-1829,

slip op. (M.D. Pa. Dec. 17, 1997) (McClure, J.) (alleged improper placement in

administrative confinement is not a basis for relief under § 2241). Accordingly,

“habeas corpus is not an appropriate or available federal remedy.” Linnen v.

Armainis, 991 F.2d 1102, 1109 (3d Cir. 1993). 

Consequently, the petition will be denied as meritless without prejudice to any

right Brown may have to reassert his present claims in a properly filed civil rights

complaint.1 See David v. United States, Civ. A. No. 3:CV-99-0836, slip op. at 5

(June 17, 1999 M.D. Pa.) (Munley, J.) (challenge to IFRP refusal status not properly

asserted in habeas petition) and Hewlett v. Holland, Civ. A. No. 3:CV-96-1075, slip

op. at 9 (July 2, 1997 M.D. Pa.) (Nealon, J.) (“Because the petitioner will not be

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allowed to elude the filing fee requirements of the PLRA, his claims will be dismissed,

without prejudice, as they are not habeas corpus claims, but rather claims relating to

the conditions of his confinement that should more appropriately be brought under the

Civil Rights Acts.”). Consequently,

IT IS HEREBY ORDERED THAT:

1. Petitioner is granted temporary in forma pauperis status for the sole

purpose of filing this action.

2. The petition for writ of habeas corpus is dismissed without

prejudice.

3. If appropriate, the Petitioner may reassert his present claims in a

properly filed civil rights action.

4. The Clerk of Court is directed to close the case.

5. Based on the Court’s conclusion, there is no basis for the issuance

of a certificate of appealability.

 s/ James F McClure, Jr. 

JAMES F. McCLURE, JR.

United States District Judge

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