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, )
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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