Banks v. Phillips et al

Filing 4

Memorandum of Opinion and Order: This action is dismissed pursuant to 28 U.S.C. § 2243. Further, under 28 U.S.C. § 1915(a)(3), this Court certifies an appeal could not be taken in good faith. Judge Patricia A. Gaughan on 12/2/20. (LC,S)

Case: 4:20-cv-01525-PAG Doc #: 4 Filed: 12/02/20 1 of 2. PageID #: 23

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

Frederick Banks,
Petitioner,
v.
Warden Michael Phillips, et al.,
Respondents.

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CASE NO. 4:20 CV 1525
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

This is another frivolous action filed by pro se Petitioner Frederick Banks, an inmate in
the Northeast Ohio Correctional Complex in Youngstown, Ohio, and a frequent and frivolous
filer in this and other District Courts. Although he has been declared a frivolous filer subject to
the three-strikes provision of 28 U.S.C. § 1915(g) on numerous occasions and is barred from
filing any further civil actions in federal court without prepayment of fees, Banks now attempts to
utilize 28 U.S.C. § 2241 to circumvent the application of § 1915(g). He repeatedly has been told
by many District Courts, including this one, that habeas corpus petitions cannot be used to assert
claims pertaining to conditions of confinement. Martin v. Overton, 391 F.3d 710, 714 (6th Cir.
2004). Undeterred, Banks has filed this petition for a writ of habeas corpus under 28 U.S.C. §
2241 against NEOCC Warden Michael Phillips, Core Civic, Core Civic CEO Damon Hininger,

Case: 4:20-cv-01525-PAG Doc #: 4 Filed: 12/02/20 2 of 2. PageID #: 24