HUMPHRIES v. ORTIZ

Filing 9

MEMORANDUM AND ORDER dismissing 8 Petitioner's motion for injunction; Clerk of the Court shall close this matter. Signed by Judge Renee Marie Bumb on 7/2/2020. (tf, n.m.)

NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

CHAD STEVEN HUMPHRIES,
Petitioner
v.
DAVID ORTIZ,
Respondent

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Civil Action No. 16-9552(RMB)

MEMORANDUM AND ORDER

In November 2018, this Court dismissed Petitioner’s petition
for writ of habeas corpus under 28 U.S.C. § 2241 for failure to
exhaust administrative remedies and alternatively dismissed the
petition on the merits. (Opinion, Dkt. No. 6; Order, Dkt. No. 7.)
One year later, Petitioner filed, in this closed action, a motion
for injunction directing the Bureau of Prisons (“BOP”) to Cease
Group Sanctions. (Mot. for Inj., ECF No. 8). Petitioner asserted
that

he

had

not

exhausted

administrative

remedies

but

that

exhaustion was futile. (Id.) Petitioner complained that BOP staff
were recently conducting contraband searches and issuing incident
reports to multiple inmates for contraband found in common areas.
(Id.) Petitioner alleged this was unconstitutional and requested
that this Court order the BOP to desist in issuing incident reports
to inmates based on contraband found in common areas. (Id.)

Petitioner lacks standing to seek injunctive relief in a
closed § 2241 action, which was unrelated to the BOP conduct over
which he now complains. If Petitioner was subsequently issued an
incident report by the Bureau of Prisons which led to loss of good
time credit and he wishes to bring a constitutional challenge, he
must file a § 2241 petition in a new action, after exhausting
administrative remedies.
IT IS therefore on this 2nd day of July 2020,
ORDERED that the Clerk shall reopen this matter; and it is
further
ORDERED that Petitioner’s motion for injunction (Dkt. No. 8)
is DISMISSED; and it is further
ORDERED that the Clerk of the Court shall close this matter;
and it is further
ORDERED that the Clerk shall serve a copy of this Order on
Petitioner by regular U.S. mail.

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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