Opinion
Civil Action No. 11-cv-02443-BNB
09-22-2011
TIMOTHY DOYLE YOUNG, Applicant, v. WARDEN DAVIS, Respondent.
(The above civil action number must appear on all future papers sent to the court in this action. Failure to include this number may result in a delay in the consideration of your claims.)
ORDER CONSTRUING 28 U.S.C. § 2241 ACTION AS A
PRISONER COMPLAINT AND DIRECTING
APPLICANT TO FILE A PRISONER COMPLAINT
Applicant, Timothy Doyle Young, is in the custody of the United States Bureau of Prisons (BOP) and currently is incarcerated at the ADX in Florence, Colorado. Mr. Young, acting pro se, filed a document titled "Habeas Corpus Ad Testificandum."
The Court has reviewed the document filed in this action and finds that Mr. Young is asserting civil rights claims rather than habeas corpus claims. Mr. Young complains that the BOP is denying him access to the mail and falsifying records. He, therefore, is not challenging the execution of his sentence but the conditions of his confinement.
"The essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and ... the traditional function of the writ is to secure release from illegal custody." See Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). Generally, a federal prisoner's challenge to his conditions of confinement is cognizable under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). See, e.g., Richards v. Bellmon, 941 F.2d 1015, 1018 (10th Cir. 1991). Accordingly, it is
ORDERED that Mr. Young cure the deficiencies designated above by filing a Prisoner Complaint and either by paying the $350.00 filing fee or by filing a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 within thirty days from the date of this Order. It is
FURTHER ORDERED that Mr. Young shall obtain the court-approved Prisoner Complaint form and the Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.aov. It is
FURTHER ORDERED that if within the time allowed Mr. Young fails to cure the designated deficiencies the action will be dismissed without prejudice and without further notice.
DATED September 22, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING Civil Action No. 11-CV-02443-BNB Timothy Doyle Young
Reg. No. 60012-001
ADX Florence
PO Box 8500
Florence, CO 81226
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 22, 2011.
GREGORY C. LANGHAM, CLERK
By:____________
Deputy Clerk