December 19, 2013
David Ezell Simpson, Plaintiff,
Bureau of Prisons, Defendant.
This matter is before the Court on its initial review of plaintiffs 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. § 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.