Summary
This unpublished Fourth Circuit opinion affirms the district court's dismissal of Frederick Banks's action under the Prison Litigation Reform Act. The district court construed the action as a Bivens claim and also found that any habeas claim under 28 U.S.C. § 2241 was barred for failure to exhaust available remedies. The appellate court concluded the exhaustion holding was correct and affirmed.
Topics
Practice areas
Questions Presented
- Whether the district court erred in holding that Banks failed to exhaust available remedies under 28 U.S.C. § 2241.
Holdings
- The district court's exhaustion holding was correct.
Factual background
Frederick Banks, a prisoner, filed a pro se action against numerous federal and state officials and entities, which the district court construed as a Bivens action and dismissed under the Prison Litigation Reform Act. To the extent Banks sought release from custody under 28 U.S.C. § 2241, the district court found he failed to exhaust available remedies. Banks appealed only the exhaustion holding.
Procedural history
The district court dismissed Banks's action under the PLRA, construing it as a Bivens action, and further held that any § 2241 claim was barred for failure to exhaust available remedies. Banks appealed only the exhaustion holding.