v. Franklin et al

Filing 4

REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Gordon Franklin, Jr Objections to R&R due by 5/29/2007 Signed by Judge James C. England on 05/11/07. (Hollis, Julie)

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v. Franklin et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION GORDON FRANKLIN, JR., Petitioner, v. JOSEPH E. GUNJA, Warden, United States Medical Center for Federal Prisoners, Respondent. ) ) ) ) Civil Action ) No. 07-3135-CV-S-FJG ) ) ) ) ) REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE Petitioner, an inmate confined in the United States Medical Center for Federal Prisoners, petitions this Court for a writ of habeas pursuant to 28 U.S.C. 2241. The petition has been referred to the undersigned for preliminary review under 28 U.S.C. 636(b). Because petitioner has failed to state a claim upon which relief can be granted, it must be recommended that he be denied leave to proceed in forma pauperis. As grounds for relief in habeas corpus, petitioner has failed to come forth with any assertions challenging the conditions of his confinement that are comprehensible. Even imparting a liberal construction to petitioner's pro se complaint, because petitioner's allegations are not sufficiently specific to state a claim in this case, his petition should be dismissed. Black Spotted Horse v. Else, 767 F.2d 516, 517 (8th Cir. 1985). For the foregoing reasons, it is, pursuant to the governing law and in accordance with Local Rule 22 of the United States District Court for the Western District of Missouri, 1 Case 6:07-cv-03135-FJG Document 4 Filed 05/11/2007 Page 1 of 2 Dockets.Justia.com RECOMMENDED that petitioner be denied leave to proceed in forma pauperis, and that the petition for habeas corpus relief be dismissed without prejudice. /s/ James C. England JAMES C. ENGLAND, Chief United States Magistrate Judge Date: 2 Case 6:07-cv-03135-FJG Document 4 Filed 05/11/2007 Page 2 of 2

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