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Adeogba v. State

United States District Court, D. New Mexico

October 10, 2018

SAINT G. ADEOGBA, Petitioner,
v.
STATE OF NEW MEXICO, WARDEN KEN SMITH, NEW MEXICO ATTORNEY GENERAL, Respondents.

          MEMORANDUM OPINION AND ORDER

         THIS MATTER is before the Court under Rule 4 of the Rules Governing Section 2254 Cases on the Amended Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Petitioner Saint G. Adeogba (Doc. 9). The Court will dismiss the Petition for failure to state a claim on which relief can be granted.

         I. Factual and Procedural Background

         Petitioner Saint G. Adeogba is a prisoner in New Mexico state custody. He is serving a term of 9 years of imprisonment for several drug trafficking and possession convictions in four New Mexico criminal cases, No. D-1215-CR-2014-00114, No. D-1226-CR-2014-00119, No. D-1215-CR-2014-00198, and No. D-1226-CR-2014-00212. (Doc. 9 at 1).[1] Judgment was entered on his convictions and sentences in 2015. (Doc. 9 at 1).

         Petitioner Adeogba filed a Motion for Reconsideration of Sentence in this Court on January 24, 2017. (Doc. 1). On February 9, 2017, he filed a Motion to Amend, seeking leave to assert a habeas corpus claim under 28 U.S.C. § 2254. (Doc. 3). The Court granted him leave to amend on July 13, 2017. (Doc. 8). Adeogba then filed his Petition under § 2254 on July 20, 2017. (Doc. 9).

         In his § 2254 Petition, Adeogba seeks a shortening of his sentence and early release from custody due to medical conditions. The alleged facts supporting his claim include:

“Being a Disabled Veteran, I have these medical conditions listed; 1.) hearing loss, 2.) tinnitus, 3.) both knees-osteoarthritis (which restricted to a wheel chair)/loss ability to walk, 4.) headaches, 5.) neck surgery disk replacement, 6.) glaucoma (eye-right), 7.) high blood pressure, 8.) hernia, 9.) loss of sleep, 10.) diabetic, 11.) shortness of breath.

(Doc. 9 at 5). He seeks relief “[t]o preclude the essence of cruel and unusual punishment and grant the amendment of early release due to medical conditions and concerns for Petitioner.” (Doc. 9 at 15).

         II. Analysis of Petitioner Adeogba's Claims

         Petitioner Adeogba seeks early release from custody through a writ of habeas corpus under 28 U.S.C. § 2254. Section 2254 provides:

“[A] district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.”

28 U.S.C. § 2254(a). When a state prisoner challenges the length of his custody and by way of relief seeks immediate or speedy release, his sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973); Henderson v. Sec'y of Corr., 518 F.2d 694, 695 (10th Cir. 1975). However, before a prisoner may proceed on a habeas corpus petition in federal court, the prisoner must demonstrate that he has exhausted any remedies available in the state courts. Section 2254 states:

“An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that-
(A) the applicant has exhausted the remedies available in the courts ...

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