SWASO v. DEPARTMENT OF HOMELAND SECURITY

Filing 5

ORDER to clarify whether Petitioner wishes to proceed with this action. ORDER to pay the full filing fee or submit a complete and proper non-prisoner IFP form if Plaintiff wish es to continue with this action. ORDER to Recast Complaint if Plaintiff wishes to continue with this action. The Clerk is directed to forward the proper forms to Plaintiff. Ordered by US MAGISTRATE JUDGE AMELIA G HELMICK on 3/10/2025. (mlb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
KYRON SHAKEEL SWASO,
Petitioner/Plaintiff,
v.
DEPARTMENT OF HOMELAND
SECURITY,
Respondent/Defendant.
_________________________________

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Case No. 4:25-cv-11-CDL-AGH
28 U.S.C. § 2241
Case No. 4:25-cv-79-CDL-AGH
42 U.S.C. § 1983

ORDER
Kyron Shakeel Swaso, a federal immigration detainee at Stewart Detention
Center in Lumpkin, Georgia, filed two cases with the Court. The Court received the
first case, 4:25-cv-11-CDL-AGH, on January 10, 2025 and docketed it as a petition for
writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. The second case, 4:25-cv79-CDL-AGH, was filed on March 4, 2025 and was docketed as a federal civil rights
complaint seeking relief pursuant to 42 U.S.C. § 1983.
Immigration detainees held in federally contracted facilities such as Stewart
Detention Center most often file one of two different types of federal civil actions.
The first is a petition for habeas corpus relief pursuant to 28 U.S.C. § 2241.
A petition under § 2241 is appropriate where the detainee challenges the fact or
length of confinement, but, generally, not the conditions of that confinement. See
Preiser v. Rodriguez, 411 U.S. 475, 499-500 (1973). The second type of federal civil
action is a claim for relief pursuant to Bivens v. Six Unknown Named Agents of the
Federal Bureau of Narcotics, 403 U.S. 388 (1971). To state a claim for relief under

Bivens, a plaintiff must allege that a federal agent, by act or omission under color of
federal authority, deprived him of a right, privilege, or immunity secured by the
Constitution. Bivens, 403 U.S. at 389. Generally, a detainee seeking release from
confinement does so by filing a habeas petition under 28 U.S.C. § 2241 while a
detainee seeking monetary damages, injunctive and/or declaratory relief does so by
filing an action under Bivens.1 Petitioner/Plaintiff’s second case, 4:25-cv-79-CDLAGH was docketed as a complaint pursuant to 42 U.S.C. 1983, which is similar to a
Bivens claim except it provides a cause of action against a state actor who has violated
a person’s federally-protected rights. Hale v. Tallapoosa Cnty., 50 F.3d 1579, 1582
(11th Cir. 1995). This type of case is most often filed by a prisoner being held in a
state detention facility.2
The claims in both initial pleadings filed by Petitioner/Plaintiff appear quite
similar; it is therefore unclear whether Petitioner/Plaintiff intended to file two
separate actions. Petitioner/Plaintiff is therefore ORDERED to clarify whether he
intended to file two cases, or whether he intended for the documents filed in Case
Number 4:25-cv-79-CDL-AGH to be filed in his pending federal habeas corpus case,
Case Number 4:25-cv-11-CDL-AGH.

There are, of course, other causes of actions that Petitioner/Plaintiff may be asserting. However,
the Court is not permitted to act as counsel for Petitioner/Plaintiff. The causes of actions discussed
here are simply the most common. If Petitioner/Plaintiff wishes to assert a different type of claim, he
should notify the Court and the Court will send him a form for his use.
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Petitioner can certainly maintain a § 1983 action from Stewart Detention Center, but he must
explain what constitutional violation he claims was committed by a state actor. See Hale, 50 F.3d at
1582.
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Either way, Petitioner/Plaintiff must also recast his Petition on the Court’s
standard § 2241 form in Case Number 4:25-cv-11-CDL-AGH. A copy of this form
will be provided to Petitioner/Plaintiff, and he should complete any questions on the
form that relate to his immigration status. If he is seeking release from custody, he
should provide the following information:
(1) When he arrived in immigration custody;
(2) Whether an order of removal has been issued;
(3) Whether he appealed the order of removal or waived appeal. If an appeal
is pending, he should note that on the form;
(4) If he has a final order of removal, Petitioner should also explain why it is
likely he will or will not be removed in the near future.
The recast petition will take the place of his initial petition in 4:25-cv-11-CDL-AGH
(ECF No. 1).

The Court will not look back at the initial petition, or any other

document filed by Petitioner/Plaintiff in any other case he has filed in this Court, to
determine whether his Petition survives screening pursuant to Rule 4 of the Rules
Governing Section 2254 Cases.3 Petitioner/Plaintiff should therefore include in his
recast petition each ground for relief he wants the Court to consider, even if he has
raised this ground in another filing before the Court. If Petitioner/Plaintiff intends
to proceed only with Case Number 4:25-cv-11-CDL-AGH, then the Court will direct
the Clerk to administratively close Case Number 4:25-cv-79-CDL-AGH, and no
This rule requires the Court to “promptly examine” a federal habeas corpus petition and dismiss
any petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is
not entitled to relief in the district court[.]” Rules Governing Section 2254 Cases, Rule 4. The Rules
Governing § 2254 Cases in the United States District Courts are applicable to petitions brought under
28 U.S.C. § 2241. See Annamalai v. Warden, 760 F. App’x 843, 849-50 (11th Cir. 2019); Rules
Governing Section 2254 Cases, Rule 1(b).
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further action will be taken in that case.
If Petitioner/Plaintiff intends to proceed with both cases, he must still recast
his § 2241 petition in Case Number 4:25-cv-11-CDL-AGH as explained above. In
addition, he must also recast his § 1983 complaint in Case Number 4:25-cv-79-CDLAGH on one of the Court’s standard forms.

The Court will provide

Petitioner/Plaintiff with a copy of the standard § 1983 complaint form as well as a
Bivens complaint form.

Petitioner/Plaintiff should choose one of these forms to

complete, depending on whether he is bringing his claims against a state actor
(§ 1983) or a federal actor (Bivens). The recast complaint will supersede (take the
place of) the original and recast complaints in Case Number 4:25-cv-79-CDL-AGH
(ECF Nos. 1, 4). Petitioner/Plaintiff should therefore include in his recast complaint
each ground for relief he wants the Court to consider, even if he has raised this ground
in another filing before the Court. If Petitioner/Plaintiff intends to proceed with
Case Number 4:25-cv-79-CDL-AGH, he will also be required to pay the Court’s
$405.00 filing fee in full or submit a non-prisoner’s motion for leave to proceed in
forma pauperis (“IFP”) in that case. The Court will supply Petitioner/Plaintiff with
a copy of the non-prisoner IFP form to complete if he wishes to proceed with Case
Number 4:25-cv-79-CDL-AGH. Again, Petitioner/Plaintiff does not have to fill out
any of the forms marked with Case Number 4:25-cv-79-CDL-AGH if he does not
intend to proceed with that case.

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Petitioner/Plaintiff shall have FOURTEEN (14) DAYS from the date of this
Order to (1) inform the Court whether he wishes to proceed with his pending § 2241
action, Case Number 4:25-cv-11-CDL-AGH, or whether he intends to proceed with
both Case Number 4:25-cv-11-CDL-AGH and Case Number 4:25-cv-79-CDL-AGH, his
pending § 1983 case; (2) recast his § 2241 petition in Case Number 4:25-cv-11-CDLAGH on the Court’s standard form; and (3) recast his § 1983 complaint in Case
Number 4:25-cv-79-CDL-AGH and either pay the full filing fee or submit his nonprisoner IFP form if he intends to proceed with that case. Petitioner/Plaintiff is also
advised that the Court’s standard forms are designed to help litigants provide the
Court with the information it needs to process cases in an orderly and timely manner.
While the Court is working diligently to resolve Petitioner/Plaintiff’s claims,
his continued filing of repetitive documents outside of these forms may
delay this process.
The Clerk is DIRECTED to mail Petitioner/Plaintiff a copy of the docket
sheets in both of his pending cases so that he may see which documents were filed in
each case. The Clerk is further DIRECTED to mail Petitioner/Plaintiff a copy of
the Court’s standard § 2241 form, marked with Case Number 4:25-cv-11-CDL-AGH,
and copies of the Court’s standard § 1983 and Bivens complaints, and a non-prisoner
IFP form marked with Case Number 4:25-cv-79-CDL-AGH.
While these actions are pending, Petitioner/Plaintiff must immediately inform
the Court in writing of any change in his mailing address. There will be no service
of process in these cases until further order of the Court. Failure to fully and
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timely comply with this Order may result in the dismissal of these actions.
SO ORDERED, this 10th day of March, 2025.
s/ Amelia G. Helmick
UNITED STATES MAGISTRATE JUDGE

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