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Meyers v. Martinez

June 4, 2010

DAVID MEYERS, PETITIONER
v.
WARDEN R. MARTINEZ, RESPONDENT



The opinion of the court was delivered by: Hon. John E. Jones III

MEMORANDUM and ORDER

THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:

Petitioner David Meyers ("Petitioner" or "Meyers"), an inmate presently confined at the United States Penitentiary - Allenwood ("USP Allenwood") in White Deer, Pennsylvania, initiated the above action pro se by filing a Petition for Writ of Habeas Corpus ("Petition") under the provisions of 28 U.S.C. § 2241. He also has filed a Motion for Leave to proceed in forma pauperis (Doc. 2) along with a Declaration (Doc. 3) stating that he has a zero balance in his prison account.

The Petition currently is before the Court for screening under Rule 4 ("Preliminary Consideration by the Judge") of the Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254 (1977) (applicable to § 2241 petitions under Rule 1(b)). See, e.g., Patton v. Fenton, 491 F. Supp. 156, 158-59 (M.D. Pa. 1979). Meyers' request to proceed in forma pauperis will be granted. For the reasons set forth below, several of Meyers' claims will be dismissed without prejudice to any right he may have to pursue them in a properly filed civil rights action. Service of the Petition will be directed, and Respondent will be directed to respond to the remaining claims.

I. BACKGROUND

On December 17, 2009, Meyers was sentenced in the United States District Court for the Eastern District of Virginia after he entered a plea of guilty. (See Doc. 1 at 2.) Meyers states that his direct appeal from his judgment of sentence is pending. (See id. at 2-3.) He also claims that he has actions pending in the United States Court of Appeals for the Third Circuit; the United States District Court for the Eastern District of Pennsylvania; and the United States District Court for the Eastern District of Virginia.*fn1 (See id. at 3.) Meyers presents his grounds in narrative form rather than in distinct paragraphs. His grounds may be summarized as follows:

1) Respondent directed BOP staff to place Meyers in the General Population where an inmate was waiting to kill him (Doc. 1 at 3 ¶ 9);

2) the BOP failed to properly credit the time Meyers spent confined in the Federal Detention Center ("FDC") Philadelphia from June 1, 2007 through June 23, 2007 to the sentence he currently is serving (see id.);

3) the BOP failed to follow the direction of the sentencing court to place Petitioner in a federal medical center to receive psychiatric treatment, and therefore, he is being held unlawfully at USP Allenwood (see id. at 3, 4)

4) there is no Mental Health Unit ("MHU") at USP Allenwood, and Respondent is denying him adequate medical care for his psychiatric illnesses and other medical conditions (see id. at 3);

5) Respondent refuses to stop performing PPD skin tests on Petitioner for tuberculosis even though Petitioner is allergic to the tests and is experiencing side effects (see id. at 3-4);

6) Respondent has informed inmates in the General Population that Petitioner is an informant and the inmates intend on murdering him even though he is retarded (see id. at 4);

7) the BOP Designation Sentence Computation Center ("DSCC") ordered Petitioner to be released on December 27, 2010 on home release, and Respondent is denying him release and has untruthfully scored his security classification level (see id.);

8) Petitioner's projected release date and home detention eligibility date are incorrect due to the BOP's incorrect ...


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