Opinion
CASE NO. 5:18 CV 187
05-21-2018
Robert Cook, Petitioner, v. Federal Bureau of Prisons, et al., Respondents.
Memorandum of Opinion and Order
INTRODUCTION
Pro se prisoner Frederick Banks filed the above-captioned Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 on behalf of inmate Robert Cook. Banks indicates he is signing the Petition as a paralegal from Hamilton Brown, LLP. Banks, however, is an inmate at the Northeast Ohio Correctional Center with an extensive history of filing frivolous lawsuits on his behalf and on behalf of others, sometimes without their knowledge of consent.
Banks filed over 285 cases in the Northern District of Ohio, the District of Massachusetts, the Southern District of Mississippi, the District of Columbia, the Southern District of New York, the Western District of New York, the District of Colorado, the District of Arizona, the Southern District of Florida, the Middle District of Florida, the Eastern District of North Carolina, the Middle and Western Districts of Pennsylvania, the Eastern District of Missouri, the Eastern District of New Jersey, the Eastern District of Arkansas, the Western District of Oklahoma, the District of Utah, and the District of Alaska. Of those cases, 56 were dismissed as frivolous pursuant to 28 U.S.C. § 1915(e), and 173 were dismissed pursuant to the three strikes provision of 28 U.S.C. § 1915(g). Furthermore, Banks attempted to circumvent dismissal under § 1915(g) by filing 29 civil rights actions as 28 U.S.C. § 2241 habeas petitions. Those 29 cases were dismissed as frivolous or as improper filings. He filed 27 adversarial cases in Bankruptcy Court and then appealed the summary dismissal of those actions to the District Court. He filed 25 of those appeals on the same day, and filed the other 2 appeals one month later. All 27 cases were summarily dismissed as inappropriate filings in a bankruptcy action. In addition, Banks filed motions to appear ad hoc vice as counsel for the Defendant in 2 criminal cases in Florida. In one of those cases, the Defendant indicated to the Court that he did not solicit or desire Banks's representation.
Cases filed by Banks which were dismissed as frivolous, malicious or failed to state a claim under 28 U.S.C. § 1915(e); were dismissed under the three strikes provision of 28 U.S.C. § 1915(g); or were dismissed because they were civil rights actions filed inappropriately as bankruptcy appeals or habeas petitions under 28 U.S.C. § 2241:
Northern District of Ohio: Banks v. Action Software, No. 1:07 CV 930, (N.D. Ohio July 9, 2007)(§ 1915(e)); Banks v. Scarsborough, No. 4:13 CV 170 (N.D. Ohio Mar. 29, 2013)(§1915(g)); Banks v. Pugh, 4:13 CV 335 (N.D. Ohio Aug. 7, 2013)(civil rights action filed improperly under §2241); Banks v. U.S. Marshal, No. 4:13 CV 490 (N.D. Ohio June 19, 2013)(§1915(e)); Banks v. An Unknown Named Number of Federal Judges and United States Covert Government Agents, No. 1:13 CV 1763 (N.D. Ohio Oct. 10, 2013)(§1915(e)); Banks v. Pugh, No. 4:13 CV 2439 (N.D. Ohio May 30, 2014)(§ 1915(g));Banks v. Zickefoose, No. 4:13 CV 2715 (N.D. Ohio May 30, 2014)(§ 1915(g)); Banks v. CCA Corporate Office, No. 4:13 CV 2721 (N.D. Ohio Apr. 23, 2014)(§ 1915(g)); Banks v. Pugh, No. 4:13 CV 2522 (N.D. Ohio Sept. 9, 2014)(§ 1915(g)) .
Middle District of Pennsylvania: Banks v. Nicklin, No. 1:06 CV 1396 (M.D. Pa Sept. 26, 2007)(dismissed as frivolous); Banks v. MultiMillion Dollar Mistakes of Julie Nicklin, No. 1:06 CV 1549 (M.D. Pa. Sept. 20, 2007)(dismissed as frivolous); Banks v. Dove, No. 1:06 CV 2289 (M.D. Pa. Jan. 16, 2007)(§ 1915(e)); Banks v. Green, No. 1:07 CV 21 (M.D. Pa. Dec. 11, 2007)(§1915(e)); Banks v. Allen, No. 1:07 CV 22 (M.D. Pa. Nov. 29, 2007)(§1915(e)); Banks v. Crockett, No. 1:07 CV 1019 (M.D. Pa. June 7, 2007)(§ 1915(g)); Banks v. United States Attorney, No. 1:08 CV 1394 (m.D. Pa. Aug. 15, 2008)(§ 1915(e)); Banks v. Williams, No. 1:10 CV 675 (M.D. Pa. Apr. 14, 2010)(§ 1915(g)); Banks v. Pearson, No. 1:10 CV 1103 (M.D. Pa. May 26, 2010)(§ 1915(g)); Banks v. Guffy, No. 1:10 CV 2130 (M.D. Pa. Jan. 10, 2012)(§1915(e) and § 1915(g)); Banks v. Equitable Gas Co., No. 1:11 CV 511 (M.D. Pa. May 31, 2011)(§ 1915(e)); Banks v. Warden, No. 1:11 CV 668 (M.D. Pa. Apr. 21, 2011)(§ 1915(g)); Banks v. Whitaker, No. 1:11 CV 669 (M.D. Pa. Apr. 19, 2011)(§ 1915(g)); Banks v. Sager, No. 1:11 CV 741 (M.D. Pa. Apr. 21, 2011)(§ 1915(g)); and Banks v. CIA, No. 13 CV 2664 (M.D. Pa. Dec. 2013)(§1915(e)); Banks v. Shazar, No. 1:13 CV 3036 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Pearson, No. 1:13 CV 3037 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. US Inspector General, No. 1:13 CV 3038 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Federal Bureau of Prisons, No. 1:13 CV 3039 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. CNN, No. 1:13 CV 3025 (M.D. Pa. Jan. 6, 2014)(§ 1915(g)); Banks v. Director of the CIA, No. 1:13 CV 3030 (M.D. Pa. Jan. 14, 2014)(§ 1915(g)); Banks v. Conti, No. 1:13 CV 3032 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Director, NSA, No. 1:13 CV 3033 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Hon. Nora Barry Fisher, No. 1:13 CV 3034(M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Secretary of the Interior, No. 1:13 CV 3035 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Obama, No. 1:13 CV 3040 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Hardiman, No. 1:13 CV 3041 (M.D. Pa. 3041 Jan. 15, 2014)(§ 1915(g)); Banks v. Zickefoose, No. 1:13 CV 3042 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Secretary of State, No. 1:13 CV 3043 (M.D. Pa. Jan 15, 2014)(§ 1915(g)); Banks v. All United States District Courts, No. 1:13 CV 3044 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Pugh, No. 1:13 CV 3045 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Director CIA, No. 1:13 CV 3083 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Obama, No. 1:13 CV 3084 (M.D. Pa. Jan 15, 2014)(§ 1915(g)); Banks v. Director Office of Science and Technology Behavioral Modification Unit (M.D. Pa. Jan. 23, 2014)(§ 1915(g)); Banks v. U,S. District Court for the Western District of PA, No. 1:14 CV 452 (M.D. Pa. Mar. 26, 2014)(pleading stricken by the Court); Banks v. Swoboda, No. 1:14 CV 584 (M.D. Pa. Apr. 7, 2014)( pleading stricken by the Court); Banks v. Director FBI, No. 1:14 CV 585 (M.D. Pa. Apr. 22, 2014)(pleading stricken by the Court); Banks v. Cessar, No. 1:14 CV 636 (M.D. Pa. Apr. 10, 2014)(pleading stricken by the Court); Banks v. Kornak, No. 1:14 CV 955 (M.D. Pa. June 11, 2014)(§ 1915(g) and enjoined) . In addition, Banks filed 38 cases which were transferred to other District Courts.
Western District of Pennsylvania: Banks v. Hull, No. 2:04 CV 1771(W.D. Pa. July 3, 2007)(§ 1915(e) and §1915(g)); Banks v. Nordtvedt, No. 2:05 CV 607 (W.D. Pa. Feb. 28, 2006)(§1915(e)); Banks v. Cty of Allegheny, Pa., No 2:05 CV 781 (W.D. Pa. June 30, 2008)(§1915(e)); Banks v. Hayward, No. 2:06 CV 509 (W.D. Pa. May 30, 2006)(§1915(e)); Banks v. Aramark Correctional Services, No. 2:06 CV 1424 (W.D. Pa. Aug. 15, 2008)(§ 1915(e)); Banks v. Hayward, No. 2:06 CV 1572 (W.D. Pa. Jan. 10, 2007)(§1915(e)); Banks v. Pittsburgh Tribune Review, No. 2:07 CV 336 (W.D. Pa. May 4, 2007)(§ 1915(e)); Banks v. Buchanan, No. 2:08 CV 1209 (W.D. Pa. Nov. 21, 2008)(§1915(e)); Banks. v. United States, No. 2:09 CV 676 (W.D. Pa. July 14, 2009)(§ 2255 habeas petition dismissed because it was a civil rights action inappropriately filed in criminal action); Banks v. Commonwealth of Pennsylvania, No. 2:09 CV 1437 (W.D. Pa. Feb. 11, 2010)(§1915A); Banks v. U.S. Attorney's Office for the Western District of Pennsylvania, No. 2:11 CV 626 (W.D. Pa. Dec. 22, 2011)(§1915(e)); Banks v. T. Blumm, No. 2:11 CV 640 (W.D. Pa. May 19, 2011)(§ 1915(g)); Banks v. Balland, No. 2:13 CV 58 (W.D. Pa. May 8, 2013)(§1915(g)); Banks v. Renewal, Inc., No. 2:13 CV 129 (W.D. Pa. Mar. 11, 2013)(§1915(g)); Banks v. Sproat, 2:13 CV 922 (W.D. Pa. July 19, 2013)(mandamus dismissed under § 1915(g)); Banks v. United Safety Service, No. 2:13 CV 1198 (W.D. Pa. Nov. 6, 2013)(§ 1915(g)); Banks v. Ben, No. 2:13 CV 1582 (W.D. Pa. Nov. 5, 2013)(§ 1915(g)); Banks v. United States, No. 2:13 CV 1615 (W.D. Pa. Nov. 13, 2013)(§ 1915(g)); Banks v. Realty Counseling Co., No. 2:13 CV 1025 (W.D. Pa. Aug. 20, 2013)(§ 1915(e)); Banks v. State Farm, No. 2:13 CV 1151 (W.D. Pa. Nov. 13, 2013)(§ 1915(e)); Banks v. State Farm, No. 2:13 CV 1152 (W.D. Pa. Oct. 28, 2013)(§ 1915(e)); Banks v. United States Probation Dep't for the Western District of Pennsylvania, No. 2:13 CV 1199 (W.D. Pa. Sept, 19, 2013)(§ 1915(e)); Banks v. Duquesne Light Co., No. 2:13 CV 1350 (W.D. Pa. Nov. 14, 2013)(§ 1915(e)); Banks v. Machesky, No. 2:13 CV 781 (W.D. Pa. Nov. 6, 2013)(§ 1915(e)); Banks v. Southside Salvation Army Halfway House and Store/Warehouse, No. 2:13 CV 939 (W.D. Pa. Sept. 16, 2013)(§ 1915(e)); see also Banks v. Moore, No.2:05cv00261 (W.D. Pa Mar. 2, 2006) (civil action filed as bankruptcy appeal); Banks v. Berger, No. 2:05cv00594 (W.D. Pa. Feb. 28, 2006) (civil action filed as bankruptcy appeal); Banks v. Herbert, No. 2:05cv00595 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Byrd, No. 2:05cv00596 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Wells, No. 2:05cv00597 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Monkey Karaoke, No. 2:05cv00598 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Bank v. Russell, No. 2:05cv00599JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Davis, No. 2:05cv00600JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Nathan Angelus Software, No. 2:05cv00601 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. County of Allegheny, No. 2:05cv00602JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Hentosh, No. 2:05cv00603JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. American Express, No. 2:05cv00604JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Action Software, No. 2:05cv00605JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. 101 Distribution, No. 2:05cv00606 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Nordtvedt, No. 2:05cv00607JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Rabin, No. 2:05cv00608 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Hickman, No. 2:05cv00609 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Pinkas, No. 2:05cv00610JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Taylor, No. 2:05cv00611JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. LaBella, No. 2:05cv00612JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Calabrese, No. 2:05cv00613JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Fox, No. 2:05cv00614 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Freund , No. 2:05cv00615JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. DKT, No. 2:05cv00616JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Bank One, N.A., No. 2:05cv00617JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Moore, No. 2:05cv01064JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); In Re Banks, 2:05cv01128JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Pugh, No. 2:13 CV 119 (W.D. Pa. Jan. 25, 2013)(civil rights filed as § 2241 habeas terminated under § 1915(g)); Banks v. United States, No. 2:13 CV 1615 (W.D. Pa. Dec. 12, 2013)(§ 1915(g)); Banks v. Dictorate, No. 2:13 CV 1712 (W.D. Pa. Mar. 27, 2014)(dismissed as frivolous under § 1915(e)); Banks v. One or More Unknown Names U.S. Agents, No. 2:14 CV 403 (W.D. Pa. Mar. 26, 2014)(§ 1915(g)); Banks v. One or More Unknown Names U.S. Agents, No. 2:14 CV 404 (W.D. Pa. Mar. 26, 2014)(§ 1915(g)); Banks v. Hornak, No. 2:14 CV 362 (W.D. Pa. May 19, 2014)(§ 1915(g)).
District of Massachusetts: Banks v. Sutherland, No. 1:08 CV 10880 (D. Mass. May 28, 2008)(§ 1915(g)).
District of New Jersey; Banks v. Tabatchnick Fine Foods, No. 3:07 CV 4889 (D. N.J. Oct. 18, 2007)(§1915(g)); Banks v. Federal Bureau of Prisons, No. 1:11 CV 1449 (D. N.J. Feb. 14, 2012)(§ 1915(g)); Banks v. Marantz, No. 1:11 CV 1668 (D. N.J. Feb. 10, 2012)(§ 1915(g)); Banks v. Marantz, No. 1:11 CV 1753 (D. N.J. Feb. 14, 2012)(§ 1915(g)); Banks v. Wagner, No. 1:11 CV 2854, (D. N.J. Feb. 10, 2012)(§ 1915(g)); Banks v. Director, No. 1:11 CV 2876 (D. N.J. Feb. 10, 2012)(§ 1915(g)); Banks. v. FCI Fort Dix Food Services, No. 1:11 CV 3446 (D. N.J. June 27, 2011)(§ 1915(g)); Banks v. Sutherland, 1:11 CV 4951, (D. N.J. Sept. 6, 2011)(§ 1915(g)); Banks v. Lofton, No. 1:11 CV 5221 (D. N.J. Dec. 30, 2011)(§ 1915(g)).
Eastern District of North Carolina: Banks v. Waiters, No. 5:06 CV 491 (EDNC June 7, 2007)(§1915(e)); Banks v. Stansberry, No. 5:06 HC 2153 (EDNC Nov. 13, 2006)(civil rights action filed under § 2241 dismissed as frivolous) Banks v. Stansberry, No. 5:07 HC 2023 (EDNC Apr. 2, 2007)(civil rights action filed under § 2241 dismissed as frivolous); Banks v. Stansberry, No. 5:07 HC 2011 (EDNC Apr. 5, 2007)(civil rights action filed under § 2241 dismissed as frivolous); Banks v. United States Attorney, No. 5:08 HC 2117 (EDNC Dec. 31, 2008)(mandamus dismissed under §1915(e)).
District of Columbia District: Banks v. President United States, No. 1:06 CV 1868 (DDC Nov. 1, 2006)(§ 1915(e)); Banks v. One Hundred or More Unknown Named Federal Agents, No. 1:06 CV 2066 (DDC Dec. 4, 2006)(civil rights action filed under § 2241 and dismissed); Banks v. Moran, 1:07 CV 466 (DDC Mar. 19, 2007)(§ 1915(e)); Banks v. Federal Bureau of Prisons, No. 1:08 CV 18 (DDC July 25, 2008)(§ 1915(g)); Banks v. Lappin, No. 1:08 CV 152 (DDC Sept. 4, 2008)(§ 1915(g)); Banks v. Lawson, No. 1:08 MC 277 (DDC May 27, 2008)(§ 1915(g)); Banks v. CIA, No. 1:14 CV 1177 (DDC July 21, 2014)(§ 1915(e)); Banks v. Hamilton, No. 1:14 mc 1150 (DDC Oct. 8, 2014)(§ 1915(g)) .
Western District of Oklahoma: Banks v. United States Marshal Serv., No. 5:07 CV 229 (W.D. Okla. Aug. 1, 2007)(§ 1915A); Banks v. Partyka, No. 5:07 CV 331 (W.D. Okla. Sept. 11, 2007)(§1915(e)); Banks v. Warden of the Federal Transfer Center, No. 5:11 CV 151 (W.D. Okla. July 13, 2011)(civil rights action filed under § 2241); Banks v. Warden of the Federal Transfer Center, No. 5:11 CV 201 (W.D. Okla. Mar. 5, 2012)(civil rights action filed under § 2241).
Eastern District of Arkansas: Banks v. Bureau of Indian Affairs, No. 2:11 CV 191 (ED Ark. July 10, 2012)(§ 1915(e) and § 1915(g)); Banks v. Aviant, No. 2:12 CV 69 (E.D. Ark. June 15, 2012)(§ 1915(g)); Banks v. Outlaw, No. 2:12 CV 94 (E.D. Ark June 14, 2012)(§ 1915(g)); Banks v. Jones, No. 2:12 CV 128 (E.D. Ark. July 16, 2013)(§ 1915(g)); Banks v. Federal Bureau of Prisons, No. 2:12 CV 137 (E.D. Ark. Aug. 20, 2012)(§ 1915(g)); Banks v. Fenner, No. 2:12 CV 138 (E.D. Ark. July 18, 2012)(§ 1915(g)); Banks v. Warden, No. 2:12 CV 139 (E.D. Ark. July 19, 2012)(§1915(g)); Banks v. Federal Bureau of Prisons, No. 2:12 CV 150 (E.D. Ark. Mar. 25, 2013)(§1915(e)); Banks v. Johnson, No. 2:12 CV 177 (E.D. Ark. Sept. 19, 2012)(§ 1915(g)); Banks v. Clinton, No. 4:12 CV 183 (E.D. Ark. Mar. 28, 2012)(§ 1915(g)); Banks v. Hanks, No. 2:12 CV 221 (E.D. Ark. Jan. 31, 2013)(§ 1915(g)); Banks v. Pugh. No. 2:13 CV 30 (E.D. Ark. Apr. 1, 2013)(§ 1915(g)); Banks v. Forest City, No. 2:13 CV 38 (E.D. Ark. Apr. 25, 2013)(§ 1915(e)); Banks v. Halke, No. 2:13 CV 60 (E.D. Ark. June 14, 2013)(§ 1915(g)); Banks v. Does, No. 2:13 CV 64 (E.D. Ark. May 29, 2013)(§1915(g)); Banks v. Roberts, No. 2:13 CV 70 (E.D. Ark. July 2, 2013)(§ 1915(g)); Banks v. Haynes, No. 2:13 CV 82 (E.D. Ark. July 8, 2013)(§1915(e)); Banks v. Thompson, No. 4:13 CV 382 (E.D. Ark. July 3, 2013)(§ 1915(g)); Banks v. Davenport, No. 4:13 CV 412 (E.D. Ark. Aug. 27, 2013)(denied ifp in district court and on appeal under § 1915(g)); Banks v. Antitrust Div., No. 4:13 CV 455 (E.D. Ark. Aug. 12, 2013)(§ 1915(g) dismissal and enjoined); Banks v. Davenport, No. 4:13 CV 480 (E.D. Ark. Aug. 22, 2013)(§ 1915(e)); Banks v. Davenport, No. 4:13 CV 481 (E.D. Ark. Oct. 10, 2013)(§ 1915(e)); Banks v. Samuels, No. 4:13 CV 482 (E.D. Ark. Aug. 22, 2013)(§1915(e)).
Eastern District of Missouri: Banks. v. United States Attorney, No. 1:08 CV 58 (ED Mo. May 12, 2008)(dismissed § 1915(e), denied ifp on appeal § 1915(g)).
Southern District of Mississippi: Banks v. Reese, No. 5:07 CV 117 (S.D. Miss. May 15, 2008)(§ 1915(g)); Banks v. Holt, No. 5:07 CV 161 (S.D. Miss. May 15, 2008)(§ 1915(g)); Banks v. Reese, No. 5:07 CV 172 (S.D. Miss. Nov. 14, 2007)(dismissed as civil rights action filed as a § 2241 petition); Banks v. Duckworth, No. 5:07 CV 214 (S.D. Miss. Mar. 14, 2008)(§ 1915(g)); Banks v. Williams, No. 5:07 CV 226 (S.D. Miss. May 2, 2008)(§ 1915(g)); Banks v. Dalton, No. 5:07 CV 183 (S.D. Miss Nov. 16, 2007)(dismissed as civil rights action filed as a § 2241 petition); Banks v. Wright, No. 5:07 CV 193 (S.D. Miss. Nov. 13, 2007)(dismissed as civil rights action filed as a § 2241 petition); Banks v. Reese, No. 5:07 CV 34 (May 4, 2007)(dismissed as civil rights action filed as a § 2241 petition); Banks v. Reese, No. 5:08 CV 12 (S.D. Miss. Jan. 30, 2009)(civil rights action filed as a § 2241 petition dismissed as frivolous); Banks v. Pearson, No. 5:08 CV 153 (S.D. Miss. July 10, 2009)(dismissed as civil rights action filed as a § 2241 petition); Banks v. Sutherland, No. 5:08 CV 222 (S.D. Miss Oct. 27, 2008)(§ 1915(g)); Banks v. Pearson, No. 5:08 CV 233 (S.D. Miss. Nov. 7, 2008)(§ 1915(g)); Banks v. Pearson, No. 5:08 CV 248 (S.D. Miss. Oct. 24, 2008)(§ 1915(g)); Banks v. United States Attorney, No. 5:08 CV 255 (S.D. Miss Dec. 22, 2008)(§ 1915(g)); Banks v. Bradshaw, No. 5:08 CV 261 (S.D. Miss. Sept. 5, 2008)(§ 1915(g)); Banks v. Williams, No. 5:08 CV 271 (S.D. Miss. Feb. 23, 2009)(§1915(g)); Banks v. Bradshaw, No. 5:08 CV 276 (S.D. Miss. Feb. 25, 2009)(§ 1915(g)); Banks v. Postmaster, Yazoo City, No. 5:08 CV 281 (S.D. Miss. Feb. 23 2009)(§ 1915(g)); Banks v. Pearson, No. 5:08 CV 313 (S.D. Miss. Jan. 22, 2009)(civil rights action filed as a § 2241 petition dismissed as frivolous under § 1915(e)); Banks v. Hunt, No. 5:08 CV 318 (S.D. Miss. Jan. 29, 2009)(civil rights action filed as a §2241 petition); Banks v. Pearson, No. 5:08 CV 339 (S.D. Miss. Jan. 22, 2009)(mandamus dismissed as frivolous); Banks v. Luton, No. 5:08 CV 340 (S.D. Miss. Jan. 22, 2009)(civil rights action filed under § 2241 dismissed. Court states Banks is attempting to avoid § 1915(g) by filing § 2241 petition); Banks v. Hunt, No. 5:09 CV 65 (S.D. Miss. May 12, 2009)(civil rights action filed under §2241); Banks v. Hunt, No. 5:09 CV 71 (S.D. Miss. May 12, 2009)(§ 1915(g)); Banks v. Obama, No. 5:09 CV 74 (S.D. Miss. Aug. 6, 2009)(mandamus dismissed as frivolous); Banks v. United States, No. 5:09 CV 77 (S.D. Miss. May 15, 2009)(§ 1915(g)); Banks v. Obama, No. 5:09 CV 78 (S.D. Miss. May 18, 2009)(§1915(g)); Banks v. Edwards, No. 5:09 CV 79 (S.D. Miss. May 18, 2009)(§1915(g)); Banks v. Foster, No. 5:09 CV 83 (S.D. Miss. May 21, 2009)(§1915(g)); Banks v. John Does, No. 5:09 CV 114 (S.D. Miss. Oct. 13, 2009)(failure to comply with court's orders); Banks v. Pearson, No. 5:09 CV 155 (S.D. Miss. Sept. 9, 2010)(civil rights actions filed as a § 2241 petition); Banks v. Obama, No. 5:09 CV 158 (S.D. Miss. Oct. 21, 2009)(civil rights action field as a § 2241 petition dismissed as frivolous); Banks v. Allen, NO. 5:09 CV 169 (S.D. Miss. Oct. 23, 2009)(§ 1915(g)); Banks v. Everett, No. 5:09 CV 173 (S.D. Miss. Oct. 21, 2009)(§ 1915(g)); Banks v. Everett, No. 5:09 CV 174 (S.D. Miss. Oct. 21, 2009)(§ 1915(g));Banks v. Chisolm, No. 5:09 CV 181 (S.D. Miss. Nov. 10, 2009)(§1915(g)); Banks v. Everett, 5:09 CV 183 (S.D. Miss. Nov. 19, 2009)(§2241 petition dismissed as frivolous); Banks v. Everett, 5:09 CV 194 (S.D. Miss. Feb. 9, 2010)(civil rights action filed under § 2241 dismissed); Banks v. Chisolm, No. 5:09 CV 198 (S.D. Miss. Feb. 9, 2010)(civil rights action filed under §2241 dismissed as frivolous); Banks v. Fiber, No. 5:09 CV 201 (S.D. Miss. Dec. 4, 2009)(§1915(g)); Banks v. Check, No. 5:09 CV 211 (S.D. Miss. Mar. 4, 2010)(civil rights action filed as § 2241 found to be duplicative of Case No. 5:09 CV 132, and dismissed as frivolous); Banks v. Unknown Richard, No. 5:09 CV 212 (S.D. Miss. Jan. 7, 2010)(§1915(g)); Banks v. Holsten, No. 5:10 CV 008 (S.D. Miss. Feb. 8, 2010)(civil rights action filed under § 2241 dismissed as frivolous. Banks warned against filing inappropriate §2241 petitions); Banks v. Blow, No. 5:10 CV 10 (S.D. Miss. Nov. 28, 2012)(civil rights action filed as a §2241 petition dismissed as frivolous); Banks v. Pearson, No. 5:10 CV 22 (S.D. Miss. Nov. 28, 2012)(same); Banks v. Blow, No. 5:10 CV 23 (S.D. Miss. Mar. 10, 2010)(§1915(g)); Banks v. Roberts, No. 5:10 CV 39 (S.D. Miss. May 11, 2010)(§ 1915(g)); Banks v. Williams, No. 5:10 CV 41 (S.D. Miss. Apr. 30, 2010)(§ 1915(g)); Banks v. Burch, No. 5:10 CV 46 (S.D. Miss. Mar. 31, 2010)(§1915(g)); Banks v. Langford, No. 5:10 CV 53 (S.D. Miss. Apr. 26, 2010)(§1915(g)); Banks v. Gower, No. 5:10 CV 56 (S.D. Miss. May 7, 2010)(§1915(g)); Banks v/ Federal Bureau of Prisons, No. 5:10 CV 58 (S.D. Miss. Apr. 30, 2010)(§1915(g)); Banks v. Gower, No. 5:10 CV 59 (S.D. Miss. May 7, 2010)(§ 1915(g)); Banks v. Barnes, No. 5:10 CV 60 (S.D. Miss. May 27, 2010)(§1915(g)); Banks v. Burch, No. 5:10 CV 61 (S.D. Miss. Apr. 26, 2010)(§1915(g)); Banks v. Everett, No. 5:10 CV 62 (S.D. Miss. May 27, 2010)(§1915(g)); Banks v. Lott, No. 5:10 CV 78 (S.D. Miss. May 7, 2010)(§1915(g)); Banks v. Love, No. 5:10 CV 83 (S.D. Miss. May 12, 2010)(§ 1915(g)); Banks v. Langford, No. 5:10 CV 88 (S.D. Miss. May 27, 2010)(§ 1915(g)); Banks v. Pitts, No. 5:10 CV 91 (S.D. Miss. May 27, 2010)(§ 1915(g)); Banks v. Pearson, No. 5:10 CV 93 (S.D. Miss. June 2, 2010)(§1915(g)); Banks v. Pearson, No. 5:10 CV 94 (S.D. Miss. June 1, 2010)(§1915(g)); Thomas et al. v. 2255 Haley Barbour Parkway, No. 5:10 CV 108 (S.D. Miss. Mar. 23, 2011)(court determined Banks was attempting to avoid §1915(g) by filing with other plaintiffs. Court separated the cases and dismissed Banks under § 1915(g)); Banks v. Federal Bureau of Prisons, No. 5:10 CV 109 (S.D. Miss. Sept. 9, 2010)(civil rights case filed as a § 2241 petition dismissed with prejudice as frivolous); Banks v. Sessions, No. 5:10 CV 141 (S.D. Miss. Dec. 22, 2011)(civil rights action filed under § 2241 dismissed as frivolous); Banks v. Secretary of the Interior, No. 5:10 CV 157 (S.D. Miss. Oct. 22, 2010)(§1915(g)); Banks v. Secretary of the Interior, No. 5:10 CV 164 (S.D. Miss. Nov. 2, 2010)(§1915(g)); Banks v. United States, No. 5:11 CV 32 (S.D. Miss. Mar. 4, 2011)(§1915(g)); Banks v. 2255 Haley Barbour Parkway, No. 5:11 CV 48 (S.D. Miss. Mar. 31, 2011)(§1915(g)); .
District of Alaska: Banks v. Sutherland, No. 3:08 CV 126 (D. Alaska June 11, 2008)(transferred to the Southern District of Mississippi. No connection to Alaska.)
District of Arizona: Banks v. Hardy, No. 4:11 CV 004 (D. Ariz. Jan. 25, 2011)(§1915(e) in district court; ifp denied on appeal under §1915(g)); Banks v. Brown, No. 4:11 CV 16 (D. Ariz. Jan. 25, 2011)(§1915(g)); Banks v. Graber, No. 4:11 CV 25 (D. Ariz. Mar. 25, 2011)(§ 1915(g) and §1915(e)); Banks v. Unknown Party, No. 4:11 CV 31 (D. Ariz. Feb. 1, 2011)(§1915(g)); Banks v. Arnold, No. 4:11 CV 79 (D. Ariz. Mar. 24, 2011)(§ 1915(g)); Banks v. Smith, No. 2:11 CV 298 (D. Ariz. Feb. 18, 2011)(§1915(e)).
District of Colorado: Banks v.Vio Software, No. 1:07 CV 587 (D. Colo. July 10, 2007)(§1915(e)).
Southern District of New York: Banks v. Toobin, No. 1:10 CV 1857 (SDNY Mar. 10, 2010) (§1915(e)).
Western District of New York: Banks v. One or More Unknown Names U.S. Agents, No. 6:14 CV 6140 (WDNY Apr. 8, 2014)(§ 1915(e)); Banks v. One Named U.S. Magistrate Judge, No. 6:14 CV 6141 (WDNY Apr. 8, 2014)(§ 1915(e)); Banks v. CIA, No. 6:14 CV 6396 (WDNY Oct. 31, 2014)(§ 2241 petition construed as civil rights action and dismissed under § 1915(e) as frivolous); Banks v. Kidd, No. 6:14 CV 6450 (§ 1915(e) dismissed as frivolous).
District of Utah: Banks v. Jackson, No. 2:13 CV 930 (D. Utah filed Oct. 9, 2013) and Banks v. National Security Agency, No. 2:13 CV 931 (D. Utah filed Oct. 9, 2013).
In addition, Banks attempted to enter an appearance to represent other inmates in two separate criminal actions in Florida. In United States v. Jadusingh, No. 6:05 cr 9 (MD. Fla.), Banks filed a Motion to Modify Sentence on behalf of Jadusingh and a Motion to Appear Ad Hoc Vice. Because he was not an attorney and was himself a prisoner, the documents were stricken. Similarly, in United States v. Smith, No. 0:91 cr 6159 (S.D. Fla. Apr. 14, 2008), Banks filed a Motion to appear Ad Hoc Vice seeking to represent the Defendant. The request was stricken because Banks is not an attorney, is himself incarcerated, and filed the document without the consent of the Defendant who did not want his services.
A party may plead and conduct his or her case in person or through a licensed attorney. See 28 U.S.C. § 1654; Eagle Associates v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991). Banks is not a licensed attorney. He cannot bring claims on behalf of another inmate, nor can he represent another inmate in court.
For all the foregoing reasons, this action is dismissed without prejudice. If Mr. Cook wishes to pursue relief, he must file his own pleading or retain the services of an attorney licensed to practice in this federal court.
IT IS SO ORDERED.
/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Court
Chief Judge Dated: 5/21/18