Frederick Banks v. Corona Virus

Good Law
United States District Court, Central District of CaliforniaApril 22, 20202:20-cv-03640California1,735 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

USE EXCEDRIN OR GENERIC Case No. 2:20-cv-03640-ODW (GJS)

EXCEDRIN, FREDERICK BANKS,

next friend thereto & individually, ORDER DISMISSING PETITION Petitioners v.

CORONA VIRUS, et al., Respondents.

17 18 On April 20, 2020, a putative 28 U.S.C. § 2241 habeas petition was filed in this District [Dkt. 1, “Petition”]. The Petition was filed by Frederick Banks, a convicted federal criminal incarcerated in Allegheny County Jail in Pittsburgh, Pennsylvania. Although the case caption lists “USE EXCEDRIN OR GENERIC EXCEPTION” and Banks as Petitioners, with Banks acting as “next friend” as well as seeking individual relief, the pain reliever Excedrin (and its generic substitute) does not actually appear to be a Petitioner here, not could it serve as a Section 2241 petitioner. The only person who has signed the Petition is Banks, who mailed the Petition to the Court from Allegheny County Jail. Accordingly, the Court construes the Petition as…

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