Elawyers Elawyers
Washington| Change

Dominguez v. Bell, 2:19-cv-00473-JPH-DLP. (2020)

Court: District Court, S.D. Indiana Number: infdco20200106685 Visitors: 7
Filed: Jan. 03, 2020
Latest Update: Jan. 03, 2020
Summary: ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AND DIRECTING OPENING OF A CIVIL ACTION JAMES PATRICK HANLON , District Judge . Vicente Dominguez, an inmate of the Federal Bureau of Prisons ("BOP") confined at the Federal Correctional Institution in Terre Haute, Indiana ("FCI Terre Haute"), brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 challenging his confinement in administrative segregation. In his petition, he seeks "immediate release from his restr
More

ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AND DIRECTING OPENING OF A CIVIL ACTION

Vicente Dominguez, an inmate of the Federal Bureau of Prisons ("BOP") confined at the Federal Correctional Institution in Terre Haute, Indiana ("FCI Terre Haute"), brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his confinement in administrative segregation. In his petition, he seeks "immediate release from his restrictive confinement." Dkt. 1. The respondent responded to the petition arguing that Mr. Dominguez failed to exhaust his administrative remedies before he filed his habeas petition, that the relief he seeks is not available under § 2241, and that he is properly placed in administrative detention pending an investigation and prosecution for criminal charges. Dkt. 7. Mr. Dominguez replies asking the Court to recharacterize his habeas petition as a civil rights complaint. Dkt. 8. Through this reply, Mr. Dominguez is understood to have abandoned his habeas claims. This action is therefore DISMISSED without prejudice.

Mr. Dominguez's request to recharacterize his petition is GRANTED because the petition adequately names the defendants and the facts upon which his claims are based. The clerk is directed to re-docket Mr. Dominguez's petition, dkt [1], as the Complaint in a new civil action. The Nature of Suit Code is 555 and the Cause of Action is 28:1331b. Vincente Dominguez is the plaintiff and the other individuals named in the caption are the defendants. The judicial officers shall be assigned by random draw.

Judgment consistent with this Entry shall now Enter.

SO ORDERED.

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