Opinion
Civil Action No. 15-7838 (PGS)
11-18-2015
JAMES L. ROUDABUSH, JR., Petitioner, v. J. HOLLINGSWORTH, et al., Respondents.
NOT FOR PUBLICATION
MEMORANDUM OPINION
It appearing that:
1. Plaintiff, a prisoner confined at FCI Fort Dix, submitted a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (Pet., ECF No. 1.) Petitioner alleges that his health is in danger due to a denial of medical care as ordered by Dr. Turner Foster. (Pet. 1.) He further alleges that he is lacking a "healthy nutritious diet" and is being held in cells with mentally ill and violent inmates. (Id.) Petitioner further alleges that he is being abused, harassed and discriminated against in a conspiracy to retaliate against him for his civil actions in federal court. (Id. at 1-2.)
2. Petitioner's claims involve the conditions of his confinement, and do not challenge the execution of his sentence. A finding in Petitioner's favor on these claims would not alter his sentence or undo his conviction. See Learner v. Fauver, 288 F.3d 532, 542 (3d Cir. 2002) ("when the challenge is to a condition of confinement such that a finding in plaintiff's favor would not alter his sentence or undo his conviction, an action under § 1983 [or Bivens] is appropriate.")
3. Therefore, in the accompanying Order filed herewith, this Court will dismiss the present petition for lack of jurisdiction. See Cardona v. Bledsoe, 681 F.3d 533 (3d Cir. 2012) (district court correctly dismissed § 2241 petition for lack of jurisdiction where petitioner alleged his placement in prison's Special Management Unit was retaliation for his lawsuits). Petitioner may raise these issues by submitting either the $400 filing fee for a civil rights action or a properly completed in forma pauperis application, and a properly completed prisoner civil rights complaint.
/s/_________
Peter G. Sheridan, U.S.D.J.