Crangle v. E. Reg'l Jail

Full title: JAMES CRANGLE, and TARA ROSE ALLEN ROONEY-CRANGLE, Petitioners, v. EASTERN…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG

Date published: Nov 21, 2016

CIVIL ACTION NO.: 3:16-CV-122 (N.D.W. Va. Nov. 21, 2016)

Opinion

CIVIL ACTION NO.: 3:16-CV-122

11-21-2016

JAMES CRANGLE, and TARA ROSE ALLEN ROONEY-CRANGLE, Petitioners, v. EASTERN REGIONAL JAIL, Respondent.

GINA M. GROH CHIEF UNITED STATES DISTRICT JUDGE

(GROH)

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION ¹

1 All references to "the Petitioner" refer to James Crangle, individually. James Crangle filed the instant petition on behalf of himself and his wife, Tara Rose Allen Rooney-Crangle.

Upon consideration, the Court disagrees with the magistrate judge's interpretation of the Petitioner's claims as arising under 28 U.S.C. § 2241 and DECLINES TO ADOPT the Report and Recommendation [ECF No. 11] in this case.

The Court finds that the Petitioner's complaint alleges constitutional violations pursuant to 42 U.S.C. § 1983.² Accordingly, the Court DIRECTS the Clerk to send, by certified mail, return receipt requested, a copy of this Order and a notice of deficient pleading, along with the applicable court forms, to the Warden of the facility where the Petitioner is presently incarcerated. The Warden is DIRECTED to ensure that the Petitioner receives this Order, the notice of deficient pleading and the attached forms.

2 The Petitioner alleges death threats, extortion, "bloody inquisitions [and] interrogations," hate crimes, torture, rape and malicious assault. ECF No. 10. --------

The Petitioner is ORDERED to fill out and return the court-approved forms to the Clerk of Court within 14 days of entry of this Order. If the Petitioner fails to fill out and return the court-approved forms, his claims will be DISMISSED and this matter STRICKEN from the Court's active docket.

The Clerk is DIRECTED to hold the instant petition in abeyance until the Petitioner refiles his claims on the provided court-approved forms. Upon receipt of the court-approved forms, if any are filed, the Clerk is DIRECTED to open a new case under 42 U.S.C. § 1983. Upon receipt of the completed court-approved forms, the instant matter will be dismissed and closed by order of the Court.

The Clerk is DIRECTED to transmit copies of this Order to all counsel of record herein.

DATED: November 21, 2016

/s/_________

GINA M. GROH

CHIEF UNITED STATES DISTRICT JUDGE