Elawyers Elawyers
Washington| Change

ROUDABUSH v. HOLLINGSWORTH, 15-7838 (PGS). (2015)

Court: District Court, D. New Jersey Number: infdco20151119f29 Visitors: 2
Filed: Nov. 18, 2015
Latest Update: Nov. 18, 2015
Summary: MEMORANDUM OPINION PETER G. SHERIDAN , District Judge . It appearing that: 1. Plaintiff, a prisoner confined at FCI Fort Dix, submitted a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241. (Pet., ECF No. 1.) Petitioner alleges that his health is in danger due to a denial of medical care as ordered by Dr. Turner Foster. (Pet. 1.) He further alleges that he is lacking a "healthy nutritious diet" and is being held in cells with mentally ill and violent inniates. ( Id. ) Petitioner f
More

MEMORANDUM OPINION

It appearing that:

1. Plaintiff, a prisoner confined at FCI Fort Dix, submitted a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (Pet., ECF No. 1.) Petitioner alleges that his health is in danger due to a denial of medical care as ordered by Dr. Turner Foster. (Pet. 1.) He further alleges that he is lacking a "healthy nutritious diet" and is being held in cells with mentally ill and violent inniates. (Id.) Petitioner further alleges that he is being abused, harassed and discriminated against in a conspiracy to retaliate against him for his civil actions in federal court. (Id. at 1-2.)

2. Petitioner's claims involve the conditions of his confinement, and do not challenge the execution of his sentence. A finding in Petitioner's favor on these claims would not alter his sentence or undo his conviction. See Learner v. Fauver, 288 F.3d 532, 542 (3d Cir. 2002) (`when the challenge is to a condition of confinement such that a finding in plaintiff's favor would not alter his sentence or undo his conviction, an action under § 1983 [or Bivens] is appropriate.")

3. Therefore, in the accompanying Order tiled herewith, this Court will dismiss the present petition for lack of jurisdiction. See Cardona v. Bledsoe, 681 F.3d 533 (3d Cir. 2012) (district court correctly dismissed § 2241 petition for lack of jurisdiction where petitioner alleged his placement in prison's Special Management Unit was retaliation for his lawsuits). Petitioner may raise these issues by submitting either the $400 filing fee for a civil rights action or a properly completed in forma pauperis application, and a properly completed prisoner civil rights complaint.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer