Banks v. Obama et al

Filing 5

JUDGMENT that this cause filed pursuant to 28 U.S.C. § 2241 based on the Convention Against Torture is dismissed with prejudice and to the extent the petitioner is asserting conditions of confinement complaints it is dismissed without prejudice so that the petitioner may present his conditions of confinement claims in the proper manner. Signed by Honorable David C. Bramlette, III on 10/21/09 (PKM)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION FREDERICK BANKS, #05711-068 VERSUS BARACK OBAMA, President; ERIC HOLDER, Attorney General; BRUCE PEARSON, Warden; and HARLEY LAPPIN, Director of the Federal Bureau of Prisons FINAL JUDGMENT This cause is before the court, sua sponte, for consideration of dismissal. Pursuant to the opinion and order issued this day, it is hereby, ORDERED AND ADJUDGED that this cause filed pursuant to 28 U.S.C. § 2241 based on the Convention Against Torture is dismissed with prejudice and to the extent the petitioner is asserting conditions of confinement complaints it is dismissed without prejudice so that the petitioner may present his conditions of confinement claims in the proper manner. SO ORDERED AND ADJUDGED, this the 21st day of October, 2009. PETITIONER CIVIL ACTION NO. 5:09cv158-DCB-MTP

RESPONDENTS

s/David Bramlette UNITED STATES DISTRICT JUDGE