United States District Court, D. Colorado
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
BOYD N. BOLAND, Magistrate Judge.
Steven James Hernandez is detained at the Denver County Jail. He has submitted pro se a Letter to the Court (ECF No. 1), in which he asserts that the Colorado Department of Corrections is improperly deducting earned and good time credits from his parole eligibility date, instead of from his discharge date.
"The essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and... the traditional function of the writ is to secure release from illegal custody." See Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). "Petitions under § 2241 are used to attack the execution of a sentence, see Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir.1996). A habeas corpus application is an improper vehicle for a prisoner to challenge the conditions of his confinement. See McIntosh v. United States Parole Comm'n, 115 F.3d 809, 811 (10th Cir. 1997). Generally, a state prisoner's challenge to his conditions of confinement is cognizable under 42 U.S.C. § 1983. Id.
In Colorado, earned and good time credits do not count as service of the inmate's sentence but rather serve only to establish parole eligibility. See Jones v. Martinez, 799 P.2d 385, 387-88 & n. 5 (Colo.1990) (collecting cases). Where an inmate's parole is within the discretion of the Parole Board, the award of earned or good time credits does not render the inmate eligible for immediate or speedier release. See Boutwell v. Keating, 399 F.3d 1203, 1209 (10th Cir. 2005) ("[H]abeas corpus is the only avenue for a challenge to the fact or duration of confinement, at least when the remedy requested would result in the prisoner's immediate or speedier release from that confinement.") (emphasis in original omitted); see also Frazier v. Jackson, 385 F. Appx. 808, 810-11 (10th Cir. 2010) (unpublished) ("An application for habeas relief may be granted only when the remedy requested would result in the prisoner's immediate or speedier release from confinement.") (quotations omitted).
As part of the Court's review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that the submitted document is deficient as described in this Order. Mr. Hernandez will be directed to cure the following if he wishes to pursue his claims. Any papers that Mr. Hernandez files in response to this Order must include the civil action number noted above in the caption of this Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1) X is not submitted
(2) ___ is missing affidavit
(3) X is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing (if filing civil rights complaint)
(4) X is missing certificate showing current balance in prison account (if filing habeas corpus application)
(5) ___ is missing required financial information
(6) xx is missing authorization to calculate and disburse filing fee payments (if
filing civil rights complaint)
(7) ___ is missing an original signature ...