United States District Court, D. New Mexico
SAINT G. ADEOGBA, Petitioner,
STATE OF NEW MEXICO, WARDEN KEN SMITH, NEW MEXICO ATTORNEY GENERAL, Respondents.
MEMORANDUM OPINION AND ORDER
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.
Factual and Procedural Background
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). Judgment was entered on his
convictions and sentences in 2015. (Doc. 9 at 1).
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).
§ 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).
Analysis of Petitioner Adeogba's Claims
Adeogba seeks early release from custody through a writ of
habeas corpus under 28 U.S.C. § 2254. Section 2254
“[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
“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