ROUDABUSH v. HOLLINGSWORTH et al
Filing
2
MEMORANDUM OPINION filed. Signed by Judge Peter G. Sheridan on 11/16/2015. (eaj)
V
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JAMES L. ROUDABUSH, JR.,
Civil Action No. 15-7838 (PGS)
Petitioner,
v.
:
MEMORANDUM OPINION
J. HOLLINGSWORTH, et al.,
Respondents.
It appearing that:
1. Plaintiff, a prisoner confined at FCI Fort Dix, submitted a Petition for a Writ of Habeas
Corpus under 28 U.S.C.
§ 224L (Pet., ECF No. 1.) Petitioner alleges that his health is in danger
due to a denial of medical care as ordered by Dr. Turner Foster. (Pet. 1.) He further alleges that
he is lacking a “healthy nutritious diet” and is being held in cells with mentally ill and violent
inniates. (Id.) Petitioner further alleges that he is being abused, harassed and discriminated
against in a conspiracy to retaliate against him for his civil actions in federal court. (Id. at 1-2.)
2. Petitioner’s claims involve the conditions of his confinement, and do not challenge the
execution of his sentence. A finding in Petitioner’s favor on these claims would not alter his
sentence or undo his conviction. See Learner v. Fauver, 288 F.3d 532, 542 (3d Cir. 2002) (‘when
the challenge is to a condition of confinement such that a finding in plaintiffs favor would not alter
his sentence or undo his conviction, an action under
3.
§ 1983 [or Bivens] is appropriate.”)
Therefore, in the accompanying Order tiled herewith, this Court will dismiss the
present petition for lack of jurisdiction. See Cardona v. Bledsoe, 681 F.3d 533 (3d Cir. 2012)
(district court correctly dismissed
§ 2241 petition for lack of jurisdiction where petitioner alleged
his placement in prison’s Special Management Unit was retaliation for his lawsuits). Petitioner
may raise these issues by submitting either the $400 filing fee for a civil rights action or a properly
completed informapauperis application, and a properly completed prisoner civil rights complaint.
Dated:
Peter G. Sheridan, U.S.D.J.
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