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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

VICTOR PLESCIA,

Petitioner,

v.

J. A. TERRIS,

Respondent.

__________________________/

Case No. 13-12372

Honorable Patrick J. Duggan

ORDER OF SUMMARY DISMISSAL

Petitioner Victor Plescia recently filed a pro se habeas corpus petition

pursuant to 28 U.S.C. § 2241. Plescia is a federal inmate currently incarcerated at

the Federal Correctional Institution in Milan, Michigan (FCI-Milan). He was

convicted in the United States District Court for the Northern District of Illinois in

1991, and is serving a prison sentence of thirty-five years for an unspecified

offense.

In his habeas petition, Plescia alleges that he suffers from osteoarthritis in

his right shoulder and spine and that, in January of 2013, he slipped and fell at

FCI-Milan while carrying a chair up some stairs. He injured his head and neck

during the fall, and after an x-ray was taken of his neck, he was sent to a hospital in

Ann Arbor, Michigan, where a physician examined him and prescribed pain

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medication and a muscle relaxer.

Plescia was then sent back to FCI-Milan. He contends that there is

something seriously wrong with his neck and that he is experiencing severe pain in

his neck and head, as well as sleep disturbances, difficulty breathing, and a change

in his voice. He claims that the medical staff at FCI-Milan will not provide him

with the medication prescribed by the hospital physician and that he is being

subjected to cruel and unusual punishment as a result of inadequate treatment for

his serious medical needs. He seeks an order directing Respondent J.A. Terris to

either respond to his claim of inadequate medical treatment or provide him with a

physical examination by qualified medical personnel other than the medical staff at

FCI-Milan.

Pursuant to Rule 4 of the Rules Governing § 2254 Cases, a district court may

summarily dismiss a habeas petition “[i]f it plainly appears from the petition and

any attached exhibits that the petitioner is not entitled to relief in the district

court.”1 See also Martin v. Overton, 391 F.3d 710, 714 (6th Cir. 2004). Plescia’s

petition is subject to summary dismissal because it challenges the conditions of

confinement at FCI-Milan. Section “2241 is not the proper vehicle for a prisoner

1The Court may apply the rules governing § 2254 to habeas petitions not

filed under § 2254. See Rule 1(b) of the Rules Governing § 2254 Cases.

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to challenge conditions of confinement.” Luedtke v. Berkbile, 704 F.3d 465, 466

(6th Cir. 2013). The proper remedy for a constitutional challenge to the conditions

of prison life is a civil rights complaint. Preiser v. Rodriguez, 411 U.S. 475, 499,

93 S. Ct. 1827, 1841 (1973).

Accordingly,

IT IS ORDERED that Petitioner’s application for the writ of habeas corpus

[ECF No. 1] is DISMISSED WITHOUT PREJUDICE.

Dated: July 30, 2013

s/PATRICK J. DUGGAN

UNITED STATES DISTRICT JUDGE

Copy mailed to:

Victor Plescia, #01387-424
FCI-Milan
P. O. Box 1000
Milan, MI 48160

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