IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
March 27, 2006
DEMETRIUS BAILEY, PLAINTIFF,
C/O ALBRIGHT, C/O HOPWOOD, C/O NAYLOR, C/O LOWTHER, C/O HENRY, SGT. CRUTCHMAN, ) PHYSICIAN ASSISTANT, DEFENDANTS.
The opinion of the court was delivered by: Magistrate Judge Lisa Pupo Lenihan
This civil rights case was tried to a jury verdict in January 2006 and is now closed.
The Plaintiff now files, at the closed docket number, what he terms both a writ for habeas corpus and a motion for injunctive relief. All allegations in the document refer to actions occurring after the trial. The claims made have no relation to the original complaint. Plaintiff may pursue these allegations, if seeking an injunction, by filing a new complaint with the Clerk of Court alleging violations of his civil rights. Plaintiff must be aware, however, that before any court could even consider such a complaint, he is required to exhaust the grievance procedures.
If it is the intention of the Plaintiff in this case to address his claims and to seek relief by filing a petition for habeas corpus, it is his right to do so. The allegations, however, challenge the conditions of his confinement making a petition for habeas corpus an inappropriate avenue to address these concerns. In the event Plaintiff still wishes to pursue relief by the filing of such a petition, the Clerk of Courts is directed to provide Plaintiff with the relevant forms for filing same. Therefore,
IT IS HEREBY ORDERED that Plaintiff's Motion for Writ of Habeas Corpus/Injunctive Relief is DENIED.
LISA PUPO LENIHAN U.S. MAGISTRATE JUDGE
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