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Simpson v. Bureau of Prisons

United States District Court, District Circuit

December 6, 2013

David Ezell Simpson, Plaintiff,
v.
Bureau of Prisons, Defendant.

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

This matter is before the Court on its initial review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. ยง 1915A, which requires the Court to screen and dismiss a prisoner's complaint upon a determination that it fails to state a claim upon which relief may be granted.

Plaintiff is a prisoner at the Federal Correctional Institution in Butner, North Carolina. He claims that the U.S. Bureau of Prisons ("BOP") denied him due process by allegedly incarcerating him "for 36 months after full execution (detainer) supervised release violation on June 26, 2010." Compl. at 4. Plaintiff sues BOP under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), for $300, 000 in damages. However, "[i]t is... well settled that Bivens liability cannot be imposed on an agency of the Federal Government." Drake v. FAA, 291 F.3d 59, 72 (D.C. Cir.2002) (citing FDIC v. Meyer, 510 U.S. 471, 475-79 (1994)). Hence, this action will be dismissed. A separate Order accompanies this Memorandum Opinion.


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