Watford v. Wilson

Filing 4

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Robert E. Payne on 11/26/2017. Copy mailed to Plaintiff as directed.(ccol, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KENNETH WATFORD, Plaintiff, v. Civil Action No. 3:17CV641 ERIC WILSON, Defendant. MEMORANDUM OPINION On September 13, 2017, the Court received Kenneth Watford's initial submission in this matter. It was not clear from Watford's submissions whether he wished to pursue a civil rights action challenging the conditions of his confinement petition for a writ of habeas corpus under 28 " [T] he rules settled [provide] that habeas U.S.C. corpus or § a 2241. relief is appropriate only when a prisoner attacks the fact or duration of confinement, whereas, see Preiser v. Rodriguez, 411 U.S. 475 (1973); challenges to the conditions of confinement that would not result in a definite reduction in the length of confinement are properly brought" by some other procedural vehicle. v. B.I.C.E., 402 F. Supp. 2d 688, 695 {E.D. Va. 2005) Olajide {emphasis omitted) {internal parallel citations omitted) {citing Strader v. Troy, 571 F.2d 1263, 1269 (4th Cir. 1978)). Accordingly, by Memorandum Order entered on October 13, 2017, the Court directed the Clerk to send the forms for filing such actions to Watford. The Court informed Watford that he must complete the forms for either a 28 U.S.C. § 2241 petition or a civil rights action and return the same to the Court within fifteen date of entry The thereof. Court warned {15) days of the Watford that the failure to complete an appropriate form and return the same to the Court within fifteen (15} days of the date of entry thereof would result in the dismissal of the action. More than fifteen (15) days have elapsed and Watford has failed to comply with the above requirement. Accordingly, the action will be dismissed without prejudice. The Clerk is directed to send a copy of the Memorandum Opinion to Watford. /s/ /(~/' Robert E. Payne Senior United States District Judge Date: M~ 1-t..1 -r117 Richmond, Virginia 2

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