Walker v. Samuels Jr

Filing 12

ORDER denying 11 Motion to Dismiss. Signed by Chief Judge David R. Herndon on 4/23/2013. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JESSICA WALKER,
Petitioner,
vs.
JAMES N. CROSS,
Respondent.

No. 13-cv-102-DRH-PMF
ORDER

HERNDON, Chief District Judge:
Pending before the Court is petitioner Jessica Walker’s motion to dismiss
case 13-cv-102 (Doc. 11). Walker asks the Court to dismiss this action, stating her
belief that it is a duplicate of Walker v. Samuels, Jr., et al., 12-cv-1296-GPM, a
different cause of action which alleges violations of Walker’s constitutional rights
by persons acting under the color of federal authority. See Bivens v. Six
Unknown Named Agents, 403 U.S. 388 (1971).

District Judge Murphy

dismissed Walker’s Bivens action on March 8, 2013. Walker has appealed this
dismissal.
Walker’s instant § 2241 petition and her Bivens action share similar factual
bases. However, Walker’s instant § 2241 petition requests that sentence credit be
awarded to her. A reduction of sentence is not an available remedy in a civil rights
action. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973) (habeas action is used
to seek an immediate or speedier release from custody). Thus, Judge Murphy’s
dismissal of Walker’s Bivens action was without prejudice to Walker pursuing her
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instant § 2241 petition (12-cv-1296, Doc. 11, p. 5). Thus, strictly speaking, these
actions are not in fact “duplicates.” As Walker’s motion seeks voluntary dismissal
based solely on her belief that the above-mentioned actions are “duplicates,”
Walker’s motion is DENIED (Doc. 11). Armed with this knowledge, should Walker
still desire to voluntarily dismiss this action she is free to do so in accordance
with the applicable rules of civil procedure. See Fed. R. Civ. P. 41.
IT IS SO ORDERED.

Digitally signed by
David R. Herndon
Date: 2013.04.23
15:09:02 -05'00'

Signed this 23rd day of April, 2013.

Chief Judge
United States District Court

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