GONZALEZ v. FEDERAL BUREAU OF PRISONS et al

Filing 17

AMENDED MEMORANDUM - Therefore, his proper remedy lies in a Bivens action. Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The previous Memorandum was otherwise correct in its conclusions and dispositions, and is affirmed in all other respects. The Order dismissing Gonzalez's petition for writ of habeas corpus contained no errors, and is likewise reaffirmed.Signed by Honorable Robert D. Mariani on 1/15/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOSE L. GONZALEZ,

Petitioner

v.

3: 14-CV-00887

FEDERAL BUREAU OF PRISONS,
WARDEN J.E. THOMAS

(JUDGE MARIANI)

Respondents

AMENDED MEMORANDUM
Previously this Court issued a Memorandum and Order dismissing petitioner Jose L.
Gonzalez's petition for writ of habeas corpus for failure to state a cognizable claim. (Docs.
13, 14). After determining that a Section 2241 habeas petition was not the proper vehicle in
which to pursue relief, the Memorandum identified Gonzalez's proper remedy as a civil
rights action pursuant to 42 U.S.C. § 1983. (Doc. 13). This was erroneous.
A Section 1983 civil rights action operates to protect an individual from
"unconstitutional treatment at the hand of state officials[.]" Heck v. Humphrey, 512 U.S.
477,480 (1994). In contrast, when an individual is subject to unconstitutional treatment at
the hands of federal officers, he or she must bring a Bivens civil rights action pursuant to 28
U.S.C. § 1331. Corr. Servs. Corp. v. MaJesko, 534 U.S. 61,66-67 (2001).
Gonzalez is a federal prisoner, not astate prisoner, and any unconstitutional
treatment he may have received occurred as a result of the actions of federal officials.

(Doc. 1). Therefore, his proper remedy lies in a Bivens action. Bivens v. Six Unknown

Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The previous
Memorandum was otherwise correct in its conclusions and dispositions, and is affirmed in
all other respects. The Order dismissing Gonzalez's petition for writ of habeas corpus
contained no errors, and is likewise reaffirmed.

Dated: January

Ie

.2015

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