United States District Court, S.D. Ohio, Eastern Division
MICHAEL H. WATSON JUDGE.
ORDER AND REPORT AND RECOMMENDATION
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE.
Malek Bouzid Aliane, a pro se prisoner in federal
custody, filed a Motion for Leave to Proceed in forma
pauperis on November 15, 2017. (Doc. 1). Pursuant to 28
U.S.C. § 1915(a), that Motion is
GRANTED. All judicial officers who render
services in this action shall do so as if the costs had been
prepaid. However, as explained below, the Court concludes
this action cannot proceed.
Plaintiff is a prisoner seeking redress from the government,
this Court must conduct an initial screening pursuant to 28
U.S.C. § 1915A(a). The Court must dismiss the complaint
if it determines that it is frivolous or malicious, fails to
state a claim upon which relief may be granted, or seeks
monetary relief from a defendant who is immune from such
relief. 28 U.S.C. § 1915(e)(2); see Jourdan
v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991) (“[T]he
allegations of a complaint drafted by a pro se
litigant are held to less stringent standards than formal
pleadings drafted by lawyers....”); Thompson v.
Kentucky, No. 86-5765, 1987 WL 36634, at *1 (6th Cir.
1987) (“Although pro se complaints are to be
construed liberally, they still must set forth a cognizable
federal claim.” (citation omitted)). In order to
survive dismissal for failure to state a claim, “a
complaint must contain sufficient factual matter, accepted as
true, to ‘state a claim to relief that is plausible on
its face.'” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Atl. Corp. v. Twombly,
550 U.S. 554, 570 (2007)). Applying those standards here, the
Undersigned RECOMMENDS DISMISSAL.
has been a criminal defendant in several cases in this Court
and has also initiated numerous civil lawsuits here. A review
of some of those cases is relevant to the background of this
matter, in which he alleges his confinement in a special
housing unit based on a later-expunged disciplinary
conviction violated his due process rights.
Plaintiff's Relevant Criminal History
September 16, 2011, Plaintiff was sentenced in this Court to
a 30-month term of imprisonment, followed by a one-year term
of supervised release, for aggravated identity theft and bank
fraud, in violation of 18 U.S.C. §§ 1028A(a)(1) and
1344. See Case No. 2:11-cr-59. Just over three
months later, on December 20, 2012, Plaintiff was sentenced
again in this Court to a 48-month term of imprisonment,
followed by a three-year term of supervised release, for mail
fraud, and aggravated identity theft, in violation of 18
U.S.C. §§ 1341 and 2, and 1028A(a)(1). See
Case No. 2:12-cr-145.
was serving time for those convictions in Alvis House, a
residential re-entry center located in Columbus, Ohio, when a
new criminal complaint charged him with identity theft, mail
fraud, and wire fraud. See Case No. 2:15-cr-194. In
other words, Plaintiff was charged with engaging in criminal
conduct while still in custody. See id.
Consequently, the United States Marshals Service arrested
Plaintiff and took him into custody on July 21, 2015, when he
was returning from his work assignment to Alvis House.
See id. Plaintiff was then booked into the Franklin
County jail. See id.
ultimately pled guilty to mail fraud and false claims against
the United States and was sentenced to thirty-six months on
each count, to run concurrently to one another and
consecutively to his sentence on the previous convictions, to
be followed by a three-year term of supervised release.
See Case No. 2:15-cr-194 (Doc. 40).
The Relevant Incident Report
arrest on July 21, 2015, while serving time at Alvis House
prompted its Operations Manager Christine McKee to issue an
incident report nine days later on July 30, 2015. The
incident report charged Plaintiff with technical
“escape” in violation of Bureau of Prisons
(“BOP”) Code 102. It stated:
Inmate Aliane is charged with the BOP Prohibited Act #102;
Escape due to being arrested on [July 20, 2015 at 5:30 p.m.],
by Marshal Stroh, on a criminal complaint of identity theft,
mail fraud, and wire fraud. Inmate Aliane was apprehended in
the parking lot of Alvis House for Men facility and then
booked into the Franklin County Jail….
(Doc. 1-1, PAGEID #: 10). The report incorrectly stated that
Plaintiff was arrested on July 20, 2015, not ...