MEMORANDUM AND ORDER
RONNIE L. WHITE, District Judge.
This matter is before the Court on the petition of Hosea Robinson for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and on his motions for a preliminary injunction. The Court will require petitioner to file an amended petition on the Court's form. See E.D. Mo. L.R. 2.06(A). Additionally, the motions for injunction are denied. Finally, petitioner has not paid the filing fee or moved for in forma pauperis status. He must do one or the other or the Court will dismiss this action for failure to prosecute.
On February 7, 2016, a grand jury indicted petitioner on one count of first-degree statutory rape. Missouri v. Robinson, No. 1622-CR00618-01 (City of St. Louis). On March 17, 2017, petitioner filed a motion to dismiss the criminal charges based on his contention that his right to a speedy trial has been violated. The court set the matter for hearing July 5, 2017. However, as of the date of this Order, the docket sheet does not indicate that the hearing was held or that the motion has been ruled. On April 26, 2017, petitioner filed a petition for writ of habeas corpus, in which he alleged that he was being denied adequate medical care from the St. Louis City Justice Center. The petition appears to be pending on the court's docket.
In the instant petition, petitioner argues that his right to a speedy trial has been violated, and he seeks an order from the Court dismissing the criminal charges. In his motions for preliminary injunction, petitioner says that his right to receive adequate medical care has been denied, and he seeks dismissal of the state criminal charges.
Petitioner's claims regarding the denial of medical care are not cognizable in federal habeas proceedings. To be entitled to habeas relief under 28 U.S.C. § 2241(c)(3), a state pretrial detainee must show that "[h]e is in custody in violation of the Constitution or laws or treaties of the United States." Claims for denial of medical care under the Fourteenth Amendment must be brought in a civil action under 42 U.S.C. § 1983 because they do not relate to the lawfulness of the detainee's custody. Rather, they go to whether the conditions of confinement meet the requirements of the Constitution. As a result, the motions for injunctive relief are denied. Additionally, the Court will send petitioner a § 1983 complaint form so that he may properly bring his medical claims before the Court if he wishes to do so. He need not file a separate civil action if he does not wish to pursue those claims. The Court notes that § 1983 claims are analogous to personal injury claims and are subject to Missouri's five-year statute of limitations. Sulikv. Taney County, Mo., 393 F.3d 765, 766-67 (8th Cir. 2005); Mo. Rev. Stat.§ 516.120(4).
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to send petitioner both a motion for leave to proceed in forma pauperis form and a § 2241 habeas form.
IT IS FURTHER ORDERED that, no later than twenty-one (21) days from this Order, petitioner must either pay the $5 filing fee or file a motion for leave to proceed in forma pauperis.
IT IS FURTHER ORDERED that petitioner must fill out the § 2241 form and return it to the Court within twenty-one (21) days of the date of this Order.
IT IS FURTHER ORDERED that the Clerk is directed to send petitioner a § 1983 form, so that he can file a separate civil rights action if he wishes to do so.
IT IS FURTHER ORDERED that if petitioner does not comply with this Order, the Court will dismiss without further proceedings.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI
__________________________
Plaintiff,
vs. Case No. __________________________
Defendant(s).
MOTION TO PROCEED IN FORMA PAUPERIS AND AFFIDAVIT IN SUPPORT — PRISONER CASES
I, ____________________________________________________________________ declare (1) that I am the _______________ in this case; (2) that because of my poverty, I am unable to pay the $350.00 filing fee; and (3) that I believe I am entitled to relief. The nature of my action and the issues are briefly stated as follows:
In further support of this application, I answer the following questions:
1. Have you ever before brought an action or appeal in a federal court while you were incarcerated or detained?
Yes ___ No ___
If so, how many times?
Were any of the actions or appeals dismissed because they were frivolous, malicious, or failed to state a claim upon which relief may be granted?
Yes ___ No ___
If so, how many of them?
2. Place of confinement of plaintiff or petitioner: _____________________ _________________________________________________________________________
3. Crime(s) for which you have been convicted, date and sentence on each: ________________________________________________________________________ ________________________________________________________________________
4. Are you presently employed?
Yes ___ No ___
a. If the answer is "yes," state the amount of your salary or wages per month, and give the name and address of your employer. _______________________________________________________________________ _______________________________________________________________________
b. If the answer is "no," state the date of last employment and the amount of the salary and wages per month which you received. _______________________________________________________________________ _______________________________________________________________________
5. Have you received, within the past twelve (12) months, money from any of the following sources?
Yes No
Business, profession or form of self-employment? ___ ___
Rent payments, interest or dividends? ___ ___
Pensions, annuities or life insurance payments? ___ ___
Gifts or inheritances? ___ ___
Any other sources? ___ ___
If the answer to any of the above is "yes," describe the source and amount of money received from each during the past twelve (12) months. _______________________________________________________________________ _____________________________________________________________
6. Do you own any cash, or do you have money in a checking or savings account? Include any funds in prison accounts during the last six (6) months. Yes ___ No ___
If the answer is "yes," state the total amount of cash owned, and the average monthly balance in all checking, savings or prison account during the last six (6) months. _______________________________________________________________________ _______________________________________________________________________
7. Do you own real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? Yes ___ No ___
If the answer is "yes," describe the property and state its approximate value. _______________________________________________________________________ _______________________________________________________________________
8. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
I DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT. I UNDERSTAND THAT PROVIDING FALSE INFORMATION MAY SUBJECT ME TO CRIMINAL PROSECUTION, IMPOSITION OF A FINE, OR OTHER SANCTION THAT MAY ADVERSELY AFFECT MY ABILITY TO PURSUE THIS CASE OR OTHER CASES. I HAVE REVIEWED MY ANSWERS TO INSURE THEIR ACCURACY.
Executed (signed) this ________ day of _______, 20___.
_____________________________________
(Signature of plaintiff)
NOTE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A CERTIFIED COPY OF YOUR PRISON ACCOUNT STATEMENT SHOWING THE AMOUNT OF MONEY ON DEPOSIT DURING THE LAST SIX (6) MONTHS. A "CERTIFIED COPY" OF YOUR ACCOUNT STATEMENT IS ONE THAT HAS BEEN CERTIFIED BY AN AUTHORIZED PRISON OFFICER THAT IT IS A TRUE AND CORRECT COPY. FAILURE TO SUBMIT A CERTIFIED ACCOUNT STATEMENT WILL RESULT IN THE RETURN OF YOUR COMPLAINT OR PETITION.
PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241
Instructions
1. Who Should Use This Form. You should use this form if
• you are a federal prisoner and you wish to challenge the way your sentence is being carried out (for example, you claim that the Bureau of Prisons miscalculated your sentence or failed to properly award good time credits);
• you are in federal or state custody because of something other than a judgment of conviction (for example, you are in pretrial detention or are awaiting extradition); or
• you are alleging that you are illegally detained in immigration custody.
2. Who Should Not Use This Form. You should not use this form if
• you are challenging the validity of a federal judgment of conviction and sentence (these challenges are generally raised in a motion under 28 U.S.C. § 2255);
• you are challenging the validity of a state judgment of conviction and sentence (these challenges are generally raised in a petition under 28 U.S.C. § 2254); or
• you are challenging a final order of removal in an immigration case (these challenges are generally raised in a petition for review directly with a United States Court of Appeals).
3. Preparing the Petition. The petition must be typed or neatly written, and you must sign and date it under penalty of perjury. A false statement may lead to prosecution.
All questions must be answered clearly and concisely in the space on the form. If needed, you may attach additional pages or file a memorandum in support of the petition. If you attach additional pages, number the pages and identify which section of the petition is being continued. Note that some courts have page limitations. All filings must be submitted on paper sized 8½ by 11 inches. Do not use the back of any page.
4. Supporting Documents. In addition to your petition, you must send to the court a copy of the decisions you are challenging and a copy of any briefs or administrative remedy forms filed in your case.
5. Required Filing Fee. You must include the $5 filing fee required by 28 U.S.C. § 1914(a). If you are unable to pay the filing fee, you must ask the court for permission to proceed in forma pauperis — that is, as a person who cannot pay the filing fee — by submitting the documents that the court requires.
6. Submitting Documents to the Court. Mail your petition and copies to the clerk of the United States District Court for the district and division in which you are confined. For a list of districts and divisions, see 28 U.S.C. §§ 81-131. All copies must be identical to the original. Copies may be legibly handwritten. If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the court to file-stamp it and return it to you.
7. Change of Address. You must immediately notify the court in writing of any change of address. If you do not, the court may dismiss your case.
