YOUNG v. DEPARTMENT OF JUSTICE

Case No. 17-3131-SAC-DJW.

TIMOTHY DOYLE YOUNG, Plaintiff, v. DEPARTMENT OF JUSTICE, et al., Defendants.

United States District Court, D. Kansas.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Timothy Doyle Young, Plaintiff, Pro Se.


MEMORANDUM AND ORDER

DAVID J. WAXSE, Magistrate Judge.

Plaintiff, Timothy Doyle Young, is a federal prisoner held at the U.S.P.-Max-ADX in Florence Colorado. He brings a civil rights action alleging that defendants have violated his constitutional rights by conspiring to block his access to the courts by falsifying records, by transmitting falsified records through the mail and by wire communications, by falsely rejecting a disciplinary appeal, and by taking good conduct time in violation of policy and due process.1

Plaintiff is subject to the "three-strikes" provision of 28 U.S.C. § 1915(g). See In re Timothy Doyle Young, 382 Fed.Appx. 148, 2010 WL 2178514 (3d Cir. June 1, 2010) and Young v. United States, 2014 WL 2515586 (S.D. Ohio June 4, 2014)(listing qualifying strikes).

Accordingly, plaintiff may proceed in forma pauperis only if he shows a threat of imminent danger of serious physical injury. The Court has examined the complaint and exhibits and finds that showing has not been made.

IT IS, THEREFORE, BY THE COURT ORDERED plaintiff is granted to and including September 8, 2017, to submit the $400.00 filing fee. The failure to submit the fee by that time will result in the dismissal of this matter without prejudice and without additional prior notice.

IT IS SO ORDERED.

FootNotes


1. A claim alleging the wrongful deprivation of good conduct time must be presented1 in a habeas corpus action filed under 28 U.S.C. § 2241. Such a petition must be filed in the district where the prisoner is incarcerated. Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 1996). Plaintiff must present claims related to the loss of good conduct time in the U.S. District Court for the District of Colorado.

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