Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cook v. Federal Bureau of Prisons

United States District Court, N.D. Ohio

May 21, 2018

Robert Cook, Petitioner,
v.
Federal Bureau of Prisons, et al., Respondents.

          MEMORANDUM OF OPINION AND ORDER

          PATRICIA A. GAUGHAN UNITED STATES DISTRICT COURT.

         INTRODUCTION

         Pro se prisoner Frederick Banks filed the above-captioned Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 on behalf of inmate Robert Cook. Banks indicates he is signing the Petition as a paralegal from Hamilton Brown, LLP. Banks, however, is an inmate at the Northeast Ohio Correctional Center with an extensive history of filing frivolous lawsuits on his behalf and on behalf of others, sometimes without their knowledge of consent.

         Banks filed over 285 cases in the Northern District of Ohio, the District of Massachusetts, the Southern District of Mississippi, the District of Columbia, the Southern District of New York, the Western District of New York, the District of Colorado, the District of Arizona, the Southern District of Florida, the Middle District of Florida, the Eastern District of North Carolina, the Middle and Western Districts of Pennsylvania, the Eastern District of Missouri, the Eastern District of New Jersey, the Eastern District of Arkansas, the Western District of Oklahoma, the District of Utah, and the District of Alaska.[1] Of those cases, 56 were dismissed as frivolous pursuant to 28 U.S.C. § 1915(e), and 173 were dismissed pursuant to the three strikes provision of 28 U.S.C. § 1915(g). Furthermore, Banks attempted to circumvent dismissal under § 1915(g) by filing 29 civil rights actions as 28 U.S.C. § 2241 habeas petitions. Those 29 cases were dismissed as frivolous or as improper filings. He filed 27 adversarial cases in Bankruptcy Court and then appealed the summary dismissal of those actions to the District Court. He filed 25 of those appeals on the same day, and filed the other 2 appeals one month later. All 27 cases were summarily dismissed as inappropriate filings in a bankruptcy action. In addition, Banks filed motions to appear ad hoc vice as counsel for the Defendant in 2 criminal cases in Florida. In one of those cases, the Defendant indicated to the Court that he did not solicit or desire Banks's representation.

         A party may plead and conduct his or her case in person or through a licensed attorney. See 28 U.S.C. § 1654; Eagle Associates v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991). Banks is not a licensed attorney. He cannot bring claims on behalf of another inmate, nor can he represent another inmate in court.

         For all the foregoing reasons, this action is dismissed without prejudice. If Mr. Cook wishes to pursue relief, he must file his own pleading or retain the services of an attorney licensed to practice in this federal court.

         IT IS SO ORDERED.

         1. Cases filed by Banks which were dismissed as frivolous, malicious or failed to state a claim under 28 U.S.C. § 1915(e); were dismissed under the three strikes provision of 28 U.S.C. § 1915(g); or were dismissed because they were civil rights actions filed inappropriately as bankruptcy appeals or habeas petitions under 28 U.S.C. § 2241:

         Northern District of Ohio:

         Banks v. Action Software, No. 1:07 CV 930, (N.D. Ohio July 9, 2007)(§ 1915(e)); Banks v. Scarsborough, No. 4:13 CV 170 (N.D. Ohio Mar. 29, 2013)(§1915(g)); Banks v. Pugh, 4:13 CV 335 (N.D. Ohio Aug. 7, 2013)(civil rights action filed improperly under §2241); Banks v. U.S. Marshal, No. 4:13 CV 490 (N.D. Ohio June 19, 2013)(§1915(e)); Banks v. An Unknown Named Number of Federal Judges and United States Covert Government Agents, No. 1:13 CV 1763 (N.D. Ohio Oct. 10, 2013)(§1915(e)); Banks v. Pugh, No. 4:13 CV 2439 (N.D. Ohio May 30, 2014)(§ 1915(g));Banks v. Zickefoose, No. 4:13 CV 2715 (N.D. Ohio May 30, 2014)(§ 1915(g)); Banks v. CCA Corporate Office, No. 4:13 CV 2721 (N.D. Ohio Apr. 23, 2014)(§ 1915(g)); Banks v. Pugh, No. 4:13 CV 2522 (N.D. Ohio Sept. 9, 2014)(§ 1915(g)) .

         Middle District of Pennsylvania:

         Banks v. Nicklin, No. 1:06 CV 1396 (M.D. Pa Sept. 26, 2007)(dismissed as frivolous); Banks v. Multi-Million Dollar Mistakes of Julie Nicklin, No. 1:06 CV 1549 (M.D. Pa. Sept. 20, 2007)(dismissed as frivolous); Banks v. Dove, No. 1:06 CV 2289 (M.D. Pa. Jan. 16, 2007)(§ 1915(e)); Banks v. Green, No. 1:07 CV 21 (M.D. Pa. Dec. 11, 2007)(§1915(e)); Banks v. Allen, No. 1:07 CV 22 (M.D. Pa. Nov. 29, 2007)(§1915(e)); Banks v. Crockett, No. 1:07 CV 1019 (M.D. Pa. June 7, 2007)(§ 1915(g)); Banks v. United States Attorney, No. 1:08 CV 1394 (M.D. Pa. Aug. 15, 2008)(§ 1915(e)); Banks v. Williams, No. 1:10 CV 675 (M.D. Pa. Apr. 14, 2010)(§ 1915(g)); Banks v. Pearson, No. 1:10 CV 1103 (M.D. Pa. May 26, 2010)(§ 1915(g)); Banks v. Guffy, No. 1:10 CV 2130 (M.D. Pa. Jan. 10, 2012)(§1915(e) and § 1915(g)); Banks v. Equitable Gas Co., No. 1:11 CV 511 (M.D. Pa. May 31, 2011)(§ 1915(e)); Banks v. Warden, No. 1:11 CV 668 (M.D. Pa. Apr. 21, 2011)(§ 1915(g)); Banks v. Whitaker, No. 1:11 CV 669 (M.D. Pa. Apr. 19, 2011)(§ 1915(g)); Banks v. Sager, No. 1:11 CV 741 (M.D. Pa. Apr. 21, 2011)(§ 1915(g)); and Banks v. CIA, No. 13 CV 2664 (M.D. Pa. Dec. 2013)(§1915(e)); Banks v. Shazar, No. 1:13 CV 3036 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Pearson, No. 1:13 CV 3037 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. U.S. Inspector General, No. 1:13 CV 3038 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Federal Bureau of Prisons, No. 1:13 CV 3039 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. CNN, No. 1:13 CV 3025 (M.D. Pa. Jan. 6, 2014)(§ 1915(g)); Banks v. Director of the CIA, No. 1:13 CV 3030 (M.D. Pa Jan. 14, 2014)(§ 1915(g)); Banks v. Conti, No. 1:13 CV 3032 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Director, NSA, No. 1:13 CV 3033 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Hon. Nora Barry Fisher, No. 1:13 CV 3034(M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Secretary of the Interior, No. 1:13 CV 3035 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Obama, No. 1:13 CV 3040 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Hardiman, No. 1:13 CV 3041 (M.D. Pa. 3041 Jan. 15, 2014)(§ 1915(g)); Banks v. Zickefoose, No. 1:13 CV 3042 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Secretary of State, No. 1:13 CV 3043 (M.D. Pa. Jan 15, 2014)(§ 1915(g)); Banks v. All United States District Courts, No. 1:13 CV 3044 (M.D. Pa Jan. 15, 2014)(§ 1915(g)); Banks v. Pugh, No. 1:13 CV 3045 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Director CIA, No. 1:13 CV 3083 (M.D. Pa. Jan. 15, 2014)(§ 1915(g)); Banks v. Obama, No. 1:13 CV 3084 (M.D. Pa. Jan 15, 2014)(§ 1915(g)); Banks v. Director Office of Science and Technology Behavioral Modification Unit (M.D. Pa. Jan. 23, 2014)(§ 1915(g)); Banks v. U, S. District Court for the Western District of PA, No. 1:14 CV 452 (M.D. Pa. Mar. 26, 2014)(pleading stricken by the Court); Banks v. Swoboda, No. 1:14 CV 584 (M.D. Pa. Apr. 7, 2014)(pleading stricken by the Court); Banks v. Director FBI, No. 1:14 CV 585 (M.D. Pa. Apr. 22 2014)(pleading stricken by the Court); Banks v. Cessar, No. 1:14 CV 636 (M.D. Pa. Apr. 10, 2014)(pleading stricken by the Court); Banks v. Kornak, No. 1:14 CV 955 (M.D. Pa. June 11, 2014)(§ 1915(g) and enjoined) . In addition, Banks filed 38 cases which were transferred to other District Courts.

         Western District of Pennsylvania:

         Banks v. Hull, No. 2:04 CV 1771(W.D. Pa. July 3, 2007)(§ 1915(e) and §1915(g)); Banks v. Nordtvedt, No. 2:05 CV 607 (W.D. Pa. Feb. 28, 2006)(§1915(e)); Banks v. Cty of Allegheny, Pa., No. 2:05 CV 781 (W.D. Pa. June 30, 2008)(§1915(e)); Banks v. Hayward, No. 2:06 CV 509 (W.D. Pa. May 30, 2006)(§1915(e)); Banks v. Aramark Correctional Services, No. 2:06 CV 1424 (W.D. Pa. Aug. 15, 2008)(§ 1915(e)); Banks v. Hayward, No. 2:06 CV 1572 (W.D. Pa. Jan. 10, 2007)(§1915(e)); Banks v. Pitsburgh Tribune Review, No. 2:07 CV 336 (W.D. Pa. May 4, 2007)(§ 1915(e)); Banks v. Buchanan, No. 2:08 CV 1209 (W.D. Pa. Nov. 21, 2008)(§1915(e)); Banks. v. United States, No. 2:09 CV 676 (W.D. Pa. July 14, 2009)(§ 2255 habeas petition dismissed because it was a civil rights action inappropriately filed in criminal action); Banks v. Commonwealth of Pennsylvania, No. 2:09 CV 1437 (W.D. Pa. Feb. 11, 2010)(§1915A); Banks v. U.S. Attorney's Office for the W stern District of Pennsylvania, No. 2:11 CV 626 (W.D. Pa. Dec. 22, 2011)(§1915(e)); Banks v. T. Blumm, No. 2:11 CV 640 (W.D. Pa. May 19, 2011)(§ 1915(g)); Banks v. Balland, No. 2:13 CV 58 (W.D. Pa. May 8, 2013)(§1915(g)); Banks v. Renewal, Inc., No. 2:13 CV 129 (W.D. Pa. Mar. 11, 2013)(§1915(g)); Banks v. Sproat, 2:13 CV 922 (W.D. Pa. July 19, 2013)(mandamus dismissed under § 1915(g)); Banks v. United Safety Service, No. 2:13 CV 1198 (W.D. Pa. Nov. 6, 2013)(§ 1915(g)); Banks v. Ben, No. 2:13 CV 1582 (W.D. Pa. Nov. 5, 2013)(§ 1915(g)); Banks v. United States, No. 2:13 CV 1615 (W.D. Pa. Nov. 13, 2013)(§ 1915(g)); Banks v. Realty Counseling Co., No. 2:13 CV 1025 (W.D. Pa. Aug. 20, 2013)(§ 1915(e)); Banks v. State Farm, No. 2:13 CV 1151 (W.D. Pa. Nov. 13, 2013)(§ 1915(e)); Banks v. State Farm, No. 2:13 CV 1152 (W.D. Pa. Oct. 28, 2013)(§ 1915(e)); Banks v. United States Probation Dep't for the Western District of Pennsylvania, No. 2:13 CV 1199 (W.D. Pa. Sept, 19, 2013)(§ 1915(e)); Banks v. Duquesne Light Co., No. 2:13 CV 1350 (W.D. Pa. Nov. 14, 2013)(§ 1915(e)); Banks v. Machesky, No. 2:13 CV 781 (W.D. Pa. Nov. 6, 2013)(§ 1915(e)); Banks v. Southside Salvation Army Halfway House and Store/Warehouse, No. 2:13 CV 939 (W.D. Pa. Sept. 16, 2013)(§ 1915(e)); see also Banks v. Moore, No.2:05-cv-00261 (W.D. Pa Mar. 2, 2006) (civil action filed as bankruptcy appeal); Banks v. Berger, No. 2:05-cv-00594 (W.D. Pa. Feb. 28, 2006) (civil ac ion filed as bankruptcy appeal); Banks v. Herbert, No. 2:05-cv-00595 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Byrd, No. 2:05-cv-00596 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Wells, No. 2:05-cv-00597 (W. D Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Monkey Karaoke, No. 2:05-cv-00598 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Bank v. Russell, No. 2:05-cv-00599-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Davis, No. 2:05-cv-00600-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Nathan Angelus Software, No. 2:05-cv-00601 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. County of Allegheny, No. 2:05-cv-00602-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Hentosh, No. 2:05-cv-00603-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. American Express, No. 2:05-cv-00604-JFC (W. D. Pa. Feb. 28, 2006)(civil ac ion filed as bankruptcy appeal); Banks v. Action Software, No. 2:05-cv-00605-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. 101 Distribution, No. 2:05-cv-00606 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Nordtvedt, No. 2:05-cv-00607-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Rabin, No. 2:05-cv-00608 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Hickman, No. 2:05-cv-00609 (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Pinkas, No. 2:05-cv-00610-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Taylor, No. 2:05-cv-00611-JFC (W. D. Pa Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. LaBella, No. 2:05-cv-00612-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Calabrese, No. 2:05-cv-00613-JFC (W. D. Pa. Feb. 28, 2006)(civil action filed as bankruptcy appeal); Banks v. Fox, No. 2:05-cv-00614 (W. D. Pa. Feb. 28, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.