Whitehead v. Roger et al

Filing 7

ORDER: Plaintiff's Motion for Plea Relief Requested 6 is STRICKEN. The Clerk is directed to send Plaintiff a copy of the form "Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241." Signed by Judge James S. Moody, Jr on 3/10/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

WILLIE FRANK WHITEHEAD, JR.,
Plaintiff,
v.

Case No: 8:14-cv-1060-T-30EAJ

ALCOTT ROGER, et al.,
Defendant.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Plea Relief
Requested (Doc. 6), which appears to request release from state custody.

Plaintiff

previously filed a complaint pursuant to 42 U.S.C. § 1983, which was dismissed without
prejudice, and this case was closed. Because the present motion was filed in a closed case,
it should be stricken.
Additionally, it is difficult to understand precisely the nature of Plaintiff’s
complaints and the claims he seeks to raise. He appears to indicate that he is a pretrial
detainee in the custody of the State of Florida. To the extent he seeks release from the
custody of the State of Florida as a pretrial detainee, any such relief is more appropriately
sought pursuant to a habeas petition under 28 U.S.C. § 2241. (Doc. 5). The Court will
therefore direct the Clerk to send Plaintiff a copy of the form “Petition for a Writ of Habeas

Corpus Under 28 U.S.C. § 2241.” The Court does not suggest, however, that any such
petition would have merit.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Motion for Plea Relief Requested (Doc. 6) is STRICKEN.

2.

The Clerk is directed to send Plaintiff a copy of the form “Petition for a Writ

of Habeas Corpus Under 28 U.S.C. § 2241.”
DONE and ORDERED in Tampa, Florida, this 10th day of March, 2016.

Copies furnished to:
Counsel/Parties of Record

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