Coppenger v. Hanson

Filing 3

Memorandum Opinion and Order granting Petitioner's motion to proceed in forma pauperis (Doc. # 2 ) and dismissing this matter. An appeal from this decision may not be taken in good faith. Judge John R. Adams on 12/2/14. (K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

JACK COPPENGER, JR.,
Petitioner,
v.
RALPH HANSON,
Respondent.

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CASE NO. 5:14 CV 2344
JUDGE JOHN R. ADAMS
MEMORANDUM OF OPINION
AND ORDER

On October 21, 2014, petitioner pro se Jack Coppenger, Jr., an inmate at the Elkton
Correctional Institution, filed the above-captioned in forma pauperis habeas corpus action under
28 U.S.C. § 2241. As grounds for the petition, he alleges he is not receiving appropriate medical
treatment for his bipolar disorder. Petitioner asserts the alleged inadequate treatment provided
him violates his Eighth Amendment right to be free from cruel and unusual punishment. He
seeks release from incarceration or a “limited civil commitment” order.
As a threshold matter, none of the cases cited by petitioner supports an order releasing
him from incarceration under the facts and circumstances set forth in the petition. Further,
habeas corpus is not the appropriate vehicle to challenge the conditions of his confinement.
Preiser v. Rodriguez, 411 U.S. 475, 498-99 (1973); Luedtke v. Berkebile, 704. F.3d 465 (6th Cir.

2013). To seek relief concerning those conditions, he must file a civil rights action.1
Accordingly, the request to proceed in forma pauperis is granted, and this action is
dismissed pursuant to 28 U.S.C. § 2243. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3),
that an appeal from this decision could not be taken in good faith.
IT IS SO ORDERED.

Date: December 2, 2014

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/s/ John R. Adams
JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE

To bring a civil rights action, petitioner would have to file a complaint in a new
case and either pay the $400 filing fee or file a prisoner account statement with
sufficient financial information for the court to assess and collect the fee. 28
U.S.C. § 1915(b)(1).
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