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

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