Banks v. Brady et al, No. 4:2020cv01526 - Document 6 (N.D. Ohio 2020)
Court Description: Memorandum of Opinion and Order: This Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is denied and this action is dismissed without prejudice pursuant to 28 U.S.C. § 2243. Further, 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. Judge Patricia A. Gaughan on 10/7/20. (LC,S) re 1
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Banks v. Brady et al Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Frederick Banks, Petitioner, v. Scott Brady, et al., Respondents. ) ) ) ) ) ) ) ) ) CASE NO. 4:20 CV 1526 JUDGE PATRICIA A. GAUGHAN Memorandum of Opinion and Order Introduction This is yet another frivolous action filed by pro se Petitioner Frederick Banks, an inmate in the Northeast Ohio Correctional Complex in Youngstown, Ohio, and a frequent and frivolous filer in this district and others. For the following reasons, the Petitioner is dismissed. Discussion Although he has been declared a frivolous filer subject to the three-strikes provision of 28 U.S.C. § 1915(g) on numerous occasions and is barred from filing any further civil actions in federal court without prepayment of fees, Petitioner now attempts to utilize 28 U.S.C. § 2241 to circumvent application of § 1915(g), which does not apply to habeas corpus petitions. In this action, Petitioner has filed the above-captioned Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, claiming as follows: (1) Respondents failed to correct the criminal court docket to reflect the actual charges against him; and (2) Respondents failed to provide him a copy of his Dockets.Justia.com appeal and motion to vacate. (Doc. No. 1 at page ID #6.) Petitioner seeks discharge from custody and an order requiring Respondents to correct the court docket and provide him with a copy of his appeal and motion to vacate. A writ of habeas corpus “may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.” 28 U.S.C. § 2241(a). Section 2241 “is an affirmative grant of power to federal courts to issue writs of habeas corpus to prisoners being held ‘in violation of the Constitution or laws or treaties of the United States.’” Rice v. White, 660 F.3d 242, 249 (6th Cir. 2011) (quoting Section 2241(c)). Because Petitioner is appearing pro se, the allegations in his petition must be construed in his favor, and his pleadings are held to a less stringent standard than those prepared by counsel. Urbina v. Thoms, 270 F.3d 292, 295 (6th Cir. 2001). This Court, however, may dismiss the petition at any time, or make any such disposition as law and justice require, if it determines the petition fails to establish adequate grounds for relief. Hilton v. Braunskill, 481 U.S. 770, 775 (1987); see also Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970) (holding district courts have a duty to “screen out” petitions lacking merit on their face under Section 2243). Petitioner is not entitled to relief under 28 U.S.C. §2241. Habeas corpus is generally available to prisoners seeking relief from unlawful imprisonment or custody. Martin v. Overton, 391 F.3d 710, 714 (6th Cir. 2004). Federal prisoners may use 28 U.S.C. § 2241 to attack the manner in which their sentence is being executed, such as the computation of sentence credits or parole eligibility. Capaldi v. Pontesso, 135 F.3d 1122, 1123 (6th Cir. 1998)(citing United States v. Jalili, 925 F.2d 889, 893 (6th Cir. 1991)); Wright v. United States Bd. of Parole, 557 F.2d 74, 77 (6th Cir. 1977). Section 2241, however, is not available to review questions unrelated to the -2-
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