United States District Court, W.D. Oklahoma
REPORT AND RECOMMENDATION
BERNARD M. JONES, UNITED STATES MAGISTRATE JUDGE
appearing pro se, brings an action under 28 U.S.C. §
2241 claiming he is being held under “false pretense
[and] false [i]dentity.” Amend. Pet. [Doc. No. 12].
Chief United States District Joe Heaton has referred the
matter for initial proceedings consistent with 28 U.S.C.
§ 636(b)(1)(B) and (C). In accordance with Rule 4, Rules
Governing Section 2254 Cases in the United States District
Courts,  the Amended Petition has been promptly
examined, and for the reasons set forth below, it is
recommended that it be summarily dismissed.
December 2017, Petitioner filed a petition under 28 U.S.C.
§ 2254, alleging that he had been arrested in California
and extradited to Oklahoma under the name “Uxiel
Rodriguez Torres, ” who had pleaded guilty to
“possession of CDS” in Oklahoma County District
Court, in Case No. CF-2015-1286. Pet. at 1, 6 [Doc. No. 1].
Petitioner explained that he is “being charged for
escape, ” but claimed that he is not Mr.
Torres, but is instead “Felicito Avendano
Jimenez.” Id. at 6. Petitioner sought
“freedom” but also raised numerous civil rights
claims and requested monetary damages. Id. at 6-15.
Court ordered Petitioner to amend his habeas petition to name
a proper Respondent and to omit the civil rights
claims. [Doc. Nos. 4, 6]. In response, Petitioner
filed the instant petition under 28 U.S.C. § 2241,
essentially arguing again that he is being held under
“false pretense” and “false
[i]dentity” at the Woodward County Jail. Amend Pet. at
1. Petitioner adds that he was extradited to Oklahoma
“without [his] signature, ” and, liberally
construed, without his consent. Id. at 7. Petitioner
omitted most of his civil rights claims, but still alleges
that unidentified parties held him “in [an] inhumane
environment” and committed “mental
abuse.” Id. Petitioner seeks release from
confinement. Id. at 8.
Court judicially notices that “Uxiel
Torres-Rodriguez” was arrested in October 2017 and is
charged in Woodward County District Court with escaping from
the Department of Corrections. State v. Uxiel
Torres-Rodriguez, et. al., Case No. CF-2015-411
(Woodward Co. Dist. Ct. filed 10/22/15).
Petitioner/Rodriguez is scheduled for preliminary hearing on
April 3, 2018. Id.
requires this Court to review habeas petitions promptly and
to summarily dismiss a petition “[i]f it plainly
appears from the petition and any attached exhibits that the
petitioner is not entitled to relief. . . .” Rule 4 of
the Rules Governing Section 2254 Cases.
Grounds for Dismissal
The Court Cannot Grant Relief on Petitioner's Civil
Rights Claims in his Section 2241 Action
Petitioner does not repeat his request for monetary relief,
he brings civil rights claims involving conditions of
confinement and mental abuse. See Amend. Pet. at
7-8. Such claims implicate injunctive or monetary relief,
which the Court cannot grant under Section 2241. See
Ash v. Addison, No. CIV-14-904-R, 2015 WL
1636859, at *2, n.1 (W.D. Okla. Apr. 10, 2015) (unpublished
district court order) (denying relief under Section 2241 and
noting: “To the extent Petitioner requests relief other
than habeas relief, i.e., monetary damages . . . this relief
is not available in a habeas action.”). And, because
Petitioner apparently declined to file a separate action
under 42 U.S.C. § 1983, despite the Court's
instructions and provision of forms, see supra n. 2,
the Court should not convert Petitioner's civil rights
claims involving the conditions of his confinement and mental
abuse into a Section 1983 action.
The Court Should Abstain from Addressing Petitioner's
Claims Involving his Extradition and Pending
Court must then abstain from addressing Petitioner's
habeas claims under Younger ...