HILL v. MIDDLEBROOKS

Filing 6

ORDER that this case is dismissed without prejudice. The Clerk is directed to enter judgment against Petitioner, terminate any pending motions, and close the file. Signed by Judge Elizabeth A. Kovachevich on 7/24/2009. (SM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION
ERIC RODNEY HILL,
Petitioner,

v.
WARDEN, FCC COLEMAN - USP I,
Respondent.

Case No. 5:09-cv-304-Oc-17GRJ

ORDER DISMISSING CASE

Petitioner Eric Rodney Hill initiated this pro se case by filing a document styled as a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and a motion

for leave to proceed as a pauper in the District Court for the District of Columbia. Docs. 1 and 2. Because Petitioner is an inmate at FCC Coleman - USP I, within this
Division, the case was transferred to this Court. Doc. 3.

Petitioner asserts that prison officials have denied him medical care for certain

chronic conditions, and have denied him a transfer to a medical facility. Doc. 1. It is clear from the face of the Petition that Petitioner is challenging the conditions of

his confinement rather than the execution of his sentence. Thus, Petitioner's claims
are not cognizable under § 2241. Petitioner should have filed this case pursuant

to a civil rights complaint.1
Further, Petitioner has incurred three or more "strikes" under 28 U.S.C.

§ 1915(g). See Hill v. Veach. case number 2:07-cv-223, Doc. 6 (S.D. Ind. 9/7/07)

Petitioner seeks immediate or speedier release from custody).

1 See Preiser v. Rodriguez. 411 U.S. 475, 500 (1973) (habeas corpus is appropriate remedy when

(denying Petitioner leave to proceed as a pauper pursuant to three-strikes bar and

citing previous strikes).

Accordingly, Petitioner is barred from proceeding as a

pauper in a civil action unless he is under "imminent danger of serious physical injury." 28 U.S.C. § 1915(g). This Court has previously denied Petitioner leave to

proceed as a pauper in a civil rights case, and dismissed his complaint for abuse of
the judicial process for failure to disclose his prior strikes. Hill v. Middlebrooks. case
number 08-CV-479, Doc. 4 (M.D. Fla. 11/25/08).

Based upon a review of the Petition, construed as a civil rights complaint, the

Court is not persuaded that Petitioner is under imminent danger of serious physical injury. Accordingly, the Court concludes that Petitioner is barred by the three-strikes

provision of 28 U.S.C. § 1915(g) from bringing this case as a pauper. This case is
hereby DISMISSED without prejudice. The Clerk is directed to enter judgment

accordingly, terminate any pending motions, and close the file.
IT IS SO ORDERED.

DONE AND ORDERED at Ocala, Florida, this^f day of July 2009.

c: Eric Rodney Hill