Banks v. Pugh et al, No. 4:2013cv00335 - Document 3 (N.D. Ohio 2013)
Court Description: Memorandum of Opinion and Order granting Petitioner's Motion to proceed in forma pauperis. This action is dismissed pursuant to 28 U.S.C. 2243. The court certifies, pursuant to 28 U.S.C. 1915 (a) (3), that an appeal from this decision could not be taken in good faith. Signed by Judge Dan Aaron Polster on 8/7/2013.(Related Doc # 2 )(B,B)
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Banks v. Pugh et al Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO FREDERICK BANKS, Petitioner, v. MICHAEL PUGH, et al., Respondents. ) ) ) ) ) ) ) ) ) CASE NO. 4:13 CV 335 JUDGE DAN AARON POLSTER MEMORANDUM OF OPINION AND ORDER On February 14, 2013, petitioner pro se Frederick Banks, a federal prisoner at the Northeast Ohio Correctional Center (“NEOCC”), filed the above-captioned in forma pauperis habeas corpus action under 28 U.S.C. § 2241. As grounds for the petition, he asserts that because he is Native American his incarceration violates the Northwest Ordinance and 8 U.S.C. § 1401(b). Further, he complains that he has been subjected adverse conditions of confinement in NEOCC’S Special Housing Unit. As a threshold matter, there is no colorable basis for petitioner’s claim that, as a Native American, he may not be confined in a federal prison. Moreover, to the extent he seeks to challenge the conditions of his confinement, habeas corpus is not the appropriate vehicle to do so. Preiser v. Rodriguez, 411 U.S. 475, 498-99 (1973); Luedtke v. Berkebile, 704. F.3d 465 (6th Cir. 2013). To Dockets.Justia.com seek relief concerning those conditions, he would need to file a civil rights action.1 Accordingly, the request to proceed in forma pauperis is granted, and this action is dismissed pursuant to 28 U.S.C. § 2243. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. /s/Dan Aaron Polster 8/7/13 DAN AARON POLSTER UNITED STATES DISTRICT JUDGE 1 To file a civil rights action, petitioner would have to file a complaint in a new case and either pay the $350 filing fee or file a prisoner account statement with sufficient sufficient financial information for the court to assess and collect the filing fee. 28 U.S.C. § 1915(b)(1). -2-
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