Franklin v. Anderson

Filing 5

REPORT AND RECOMMENDATION by Judge James C. England re 1 Petition for Writ of Habeas Corpus filed by Gordon Franklin, Jr Objections to R&R due by 10/10/2008 (Elayer, Glenda)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION GORDON FRANKLIN, JR., Petitioner, v. MARTY ANDERSON, Warden, United States Medical Center for Federal Prisoners, Respondent. ) ) ) ) Civil Action ) No. 08-3338-CV-S-ODS-H ) ) ) ) )

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. The Court notes, initially, that petitioner has been committed to the custody of the Attorney General pursuant to 18 U.S.C. § 4246. United States v. Franklin, No. 90-3445 (W.D. Mo. 1990). He has been conditionally released from that commitment, has violated conditions of release, and has had his release revoked. Annual reports have been submitted regarding the appropriateness of continued mental health treatment, as required by 18 U.S.C. § 4246(e)(B). Petitioner's commitment is lawful. As grounds for relief in habeas corpus, petitioner has failed to set forth any assertions

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challenging the conditions of his confinement that are comprehensible. By way of example, for Ground One in his petition, he states that "mandate by law of the restitution of the reward on discharge of the cost of living of just compensation of the reward in which to pay." [Petition, at 2]. Ground Two is even less clear. 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, 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: 9/23/08

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