Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Felix Oriakhi v. United States of America

October 24, 2011

FELIX ORIAKHI,
PLAINTIFF,
v.
UNITED STATES OF AMERICA,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Jerome B. Simandle

SIMANDLE, District Judge:

OPINION

IT APPEARING THAT:

1. Felix Oriakhi, a prisoner incarcerated at FCI Fort Dix in New Jersey, submitted to the Clerk for filing a pro se document labeled "MOTION FOR WRIT OF MANDAMUS FOR THE RETURN OF PROPERTY." (Docket Entry #1.) The pleading claims jurisdiction under 28 U.S.C. §§ 1331, 1361.

2. Mr. Oriakhi did not prepay the $350.00 filing fee or submit an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

3. Plaintiff asserted the following facts in the pleading: Plaintiff alleges that prison officials confiscated plaintiff's property items which included a book, tit[]led "Good Orgasm Guide" and a Gym Bag. The book order was confiscated on or about November 2005. And the Gym bag was confiscated on or about May 16, 2005. [Administrative Remedy was exhausted pursuant to 1997e(a)]

Further plaintiff's attempts to have the seized items from the prison officials resulted in plaintiff's loss of an additional $350.00, plus other expenses. Plaintiff alleges that as a result of the prison officials action, plaintiff has lost a total expenses of about $500.00, which includes, cost paid for the book, shipping and handling, cost for the gym bag, filing fee cost in an FTCA Claims, cost pain for stationaries such as typing wheel, ribbon, correction tape, stamps, copying cost, and etc. (Docket Entry #1, p. 3.)

4. For relief, Plaintiff sought a "writ of mandamus directing prison officials to return the seized property items and the cost associated with the property or alternatively pay an equival[]ent cost of the items and the associated cost if the property cannot be located or found by Defendant." (Docket Entry #1, p. 4.)

5. By Order entered September 30, 2011, this Court found that Mr. Oriakhi's pleading did not support a claim that the United States, the Bureau of Prisons, or any federal employee, owes him a non-discretionary duty to allow him to retain property of his choosing, to return confiscated or lost property, or to reimburse him for the cost of confiscated or lost property. Accordingly, this Court ruled that the pleading was not a bona fide mandamus petition under 28 U.S.C. § 1361, but a civil action for injunctive relief and/or damages that was subject to the PLRA, and required payment of a $350.00 filing fee or the granting of an application for leave to proceed in forma pauperis without prepayment of fees pursuant to 28 U.S.C. § 1915(a) and (b)(1).

6. In addition, this Court noted in the Order that, while incarcerated, Plaintiff has had at least three prior civil actions and/or appeals dismissed by a court of the United States on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief may be granted. See, e.g., Oriakhi v. Wood, C.A. No. 07-2532 opinion (3d Cir. Oct. 9, 2007); Oriakhi v. Harding, Civ. No. 98-3465 order (D. Md. Oct. 22, 1998), aff'd, 175 F. 3d 1015 (4th Cir. 1999); Oriakhi v. Butler, Civ. No. 94-2474 order (D. Md. Sept. 30, 1994). This Court determined that, because the facts asserted in the pleading did not show that Plaintiff was in imminent danger of serious physical injury, 28 U.S.C. § 1915(g) barred his proceeding in forma pauperis in this matter. See 28 U.S.C. § 1915(g); AbdulAkbar v. McKelvie, 239 F.3d 307 (3d Cir. 2001).

7. This Court's Order administratively terminated the action, but advised Mr. Oriakhi that this Court would enter an order reopening the case if he prepaid the $350 filing fee within 14 days of the date of the entry of the Order.

8. Mr. Oriakhi did not prepay the $350 filing fee.

9. On October 5, 2011, Mr. Oriakhi filed a "MOTION TO ALTER OR AMEND JUDGMENT PURSUANT TO RULE 59(e) FED. R. CV. P." (Dkt 5.) Mr. Oriakhi states:

The plaintiff wish[es] to withdraw the demand for equitable relief and other expenses o[th]er than the return of his illegally confiscated ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.