Harris v. Steele

Filing 49

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Petitioner's Motion for Protective Order (Doc. 46 ) is DENIED, without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall provide Petitioner a copy of the Court's Prisoner Civil Rights Complaint Form. Signed by Magistrate Judge Noelle C. Collins on 7/8/2019. (Form sent to Petitioner as ordered.) (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

IRA B. HARRIS,
Petitioner,
v.
TROY STEELE,
Respondent.

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Case No. 4:17-CV-02562-NCC

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s Motion for Protective Order (Doc. 46). In
his Motion, Petitioner seeks to be moved and housed in the protective custody unit until the
outcome of this case (Doc. 46 at 1). Petitioner asserts that he is in fear for his life and welfare
due to the violent nature of his housing environment (Id.). In support of his request, Petitioner
has attached several letters to various prison administrators, a 2002 letter from a psychologist
stating that Petitioner would benefit from a single-man cell, and multiple grievances regarding
protective custody (Doc. 46-1). However, a challenge involving the circumstances of
confinement is properly brought as an action under 42 U.S.C. § 1983 and is not properly raised
in this habeas action. Therefore, if Petitioner wishes to raise these claims before the Court, he
must file a separate section 1983 action on the Court’s Prisoner Civil Rights Complaint Form.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion for Protective Order (Doc. 46) is
DENIED, without prejudice.

IT IS FURTHER ORDERED that the Clerk of Court shall provide Petitioner a copy of
the Court’s Prisoner Civil Rights Complaint Form.
Dated this 8th day of July, 2019.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

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