Paul Shook, Jr. v. Lionel Apker , 472 F. App'x 702 ( 2012 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                              APR 20 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    PAUL EDWARD SHOOK, Jr.,                          No. 11-15735
    Petitioner - Appellant,           D.C. No. 4:10-cv-00264-FRZ
    v.
    MEMORANDUM *
    LIONEL C. APKER, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court
    for the District of Arizona
    Frank R. Zapata, District Judge, Presiding
    Submitted April 17, 2012 **
    Before:        LEAVY, PAEZ, and BEA, Circuit Judges.
    Paul Edward Shook, Jr., a federal prisoner, appeals pro se from the district
    court’s judgment dismissing his 28 U.S.C. § 2241 habeas petition. We have
    jurisdiction under 28 U.S.C. § 1291, and we affirm.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Shook contends the district court erred by treating his claims of inadequate
    medical care as arising under Bivens v. Six Unknown Fed. Narcotics Agents, 
    403 U.S. 388
     (1971), rather than section 2241. We disagree. Despite the relief he
    seeks, Shook’s claims concern the conditions of his confinement and are properly
    brought under Bivens.
    The district court acted within its discretion when it dismissed Shook’s
    petition without prejudice for failure to comply with the court’s order to file an
    amended complaint. See Ferdik v. Bonzelet, 
    963 F.2d 1258
    , 1260-61 (9th Cir.
    1992).
    AFFIRMED.
    2                                   11-15735
    

Document Info

Docket Number: 11-15735

Citation Numbers: 472 F. App'x 702

Judges: Bea, Leavy, Paez

Filed Date: 4/20/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023