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Case 1:13-cv-02001-BNB Document 3 Filed 07/31/13 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02001-BNB

ERIC ADAMS,

Applicant,

v.

D. BERKEBILE, Warden,

Respondent.

ORDER CONSTRUING ACTION AS A

PRISONER COMPLAINT AND DIRECTING

PLAINTIFF TO CURE DEFICIENCIES

Applicant Eric Adams is in the custody of the United States Bureau of Prisons

(BOP) and currently is incarcerated at ADX in Florence, Colorado. Mr. Adams, acting

pro se, initiated this action by filing an Application for a Writ of Habeas Corpus Pursuant

to 28 U.S.C. § 2241 and paying the $5.00 filing fee. Mr. Adams is challenging the

conditions of his confinement.

Mr. Adams’s attempt to file this action pursuant to 28 U.S.C. § 2241 is improper.

“The essence of habeas corpus is an attack by a person in custody upon the legality of

that custody, and . . . the traditional function of the writ is to secure release from illegal

custody.” See Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). Generally, a federal

prisoner’s challenge to his conditions of confinement is cognizable under Bivens v. Six

Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). See, e.g.,

Richards v. Bellmon, 941 F.2d 1015, 1018 (10th Cir. 1991).

Case 1:13-cv-02001-BNB Document 3 Filed 07/31/13 USDC Colorado Page 2 of 2

The Court also reminds Mr. Adams that he is subject to filing restrictions under

28 U.S.C. § 1915(g). See Adams v. Davis, et al., No. 11-cv-01521-LTB at ECF No. 8

(D. Colo. Oct. 13, 2011), appeal dismissed, No. 11-1431 (10th Cir. Nov. 7, 2011)

(dismissed for lack of prosecution). Accordingly, it is

ORDERED that Mr. Adams cure the deficiencies designated above by (1) filing

his claims on a Court-approved Prisoner Complaint form and by (2) either paying the

remaining balance of the $400.00 filing fee in full or submitting a Prisoner’s Motion and

Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form within thirty days from

the date of this Order. It is

FURTHER ORDERED that Mr. Adams shall obtain the Court-approved Prisoner

Complaint form and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28

U.S.C. § 1915 form (with the assistance of his case manager or the facility’s legal

assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is

FURTHER ORDERED that if Mr. Adams fails to cure the designated deficiencies

within the time allowed the action will be dismissed without further notice.

DATED July 31, 2013 at Denver, Colorado.

BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

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