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Warner v. Spaulding

United States District Court, D. Massachusetts

April 26, 2018

LUKE JOSEPH WARNER, Petitioner,
v.
STEPHEN SPAULDING, et al., Respondents.

          MEMORANDUM AND ORDER

          Indira Talwani United States District Judge.

         For the reasons set forth below, this action is dismissed for lack of subject matter jurisdiction.

         I. Background

         On April 17, 2018, Luke Joseph Warner, a prisoner in custody at FMC Devens, filed a pro se Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 [#1] accompanied by his Motion Petition for Urgent Injunctive Relief [#2].[1] The petition names as respondents the prison medical director, the prison warden and the Federal Bureau of Prisons. Petitioner paid the $5.00 filing fee for habeas petitions.

         In his petition, petitioner asserts that he suffers from several life-threatening medical disorders and that he has received inadequate medical care while incarcerated. Petitioner alleges that he has filed several unsuccessful grievances and that he is in the process of appealing the adverse rulings. Petitioner seeks to have the court order the following:

a. an independent medical evaluation and treatment with leading oncology-infectious disease specialists in Boston;
b. an independent medical evaluation and treatment with leading orthopedic sports medicine clinic in Boston;
c. a complete, updated copy of his entire medical record;
d. provision of orthopedic shoes; e. extension of lower bunk pass indefinitely;
f. appointment of expert to conduct medical-psych evaluation and to monitor petitioner's health;
g. appointment of a pro bono attorney with leave to file an amended complaint and to exhaust all administrative remedies; and
h. enjoin the transfer of petitioner until he is restored to a healthy, stable condition.

Id. at ¶ 15 (request for relief).

         II. ...


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