Awala v. Regional Ofc BOP , 182 F. App'x 135 ( 2006 )


Menu:
  •                                                                                                                            Opinions of the United
    2006 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    6-5-2006
    Awala v. Regional Ofc BOP
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 05-5169
    Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006
    Recommended Citation
    "Awala v. Regional Ofc BOP" (2006). 2006 Decisions. Paper 955.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2006/955
    This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
    University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova
    University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
    BPS-227                                                   NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ________________
    No. 05-5169
    ________________
    *KIMBERLY JONES a/ka/ Lil’ Kim;
    GBEKE AWALA, Acting Amicably
    for Petitioner et al
    v.
    REGIONAL OFFICE BOP; WARDEN, Bureau of Prison
    Federal Detention Center, Philadelphia; U.S.
    ATTORNEY GENERAL
    *Kimberly Jones; Gbeke Awala,
    Appellant
    *(Dismissed per Clerk’s Order of 12/28/05)
    ________________
    On Appeal From the United States District Court
    For the Eastern District of Pennsylvania
    (D.C. Civ. No. 05-cv-00175)
    District Judge: Honorable Legrome D. Davis
    ________________
    Submitted For Possible Dismissal as Untimely or Dismissal Under 28 U.S.C. §
    1915(e)(2)(B) or Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6
    May 18, 2006
    Before: Scirica, Chief Judge, Rendell and Ambro, Circuit Judges
    (Filed: June 5, 2006)
    ________________
    OPINION
    ________________
    PER CURIAM
    On September 23, 2005, Gbeke Awala, a federal prisoner, filed a document in the
    United States District Court for the Eastern District of Pennsylvania entitled “Motion for
    Temporary Release of a Prisoner and Declaratory Judgment.” The document was filed on
    behalf of Kimberly Jones, a/k/a Lil’ Kim, seeking her immediate release from federal
    prison. The District Court denied the motion, explaining that Awala could not initiate a
    federal lawsuit without filing a complaint as required by Rule 3 of the Federal Rules of
    Civil Procedure. Awala appealed on behalf of himself and Ms. Jones. On December 28,
    2005, Ms. Jones was dismissed from this appeal by order of the Clerk.
    Because Awala has been granted in forma pauperis status pursuant to 28 U.S.C. §
    1915, we review this appeal for possible dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B).
    An appeal may be dismissed under § 1915(e) if it has no arguable basis in law or fact.
    Neitzke v. Williams, 
    490 U.S. 319
    , 325 (1989).
    A litigant must have standing in order to pursue a claim in federal court. See
    Lujan v. Defenders of Wildlife, 
    504 U.S. 555
    , 560-61 (1992). To establish standing, the
    litigant must demonstrate: (i) a concrete and particularized, actual or imminent, injury in
    fact; (ii) a causal link between the injury and the challenged conduct; and (iii) that a
    favorable ruling would redress the injury. See 
    id. Because Awala
    has not satisfied any of
    2
    the above-stated requirements, he lacked standing to pursue his action in the District
    Court. As a result, his motion was properly denied by the District Court and his appeal is
    without merit. This appeal will therefore be dismissed under § 1915(e)(2)(B).1
    1       Although the parties were advised that this appeal might be dismissed for
    lack of jurisdiction, we decline to dismiss the appeal on that ground.
    3
    

Document Info

Docket Number: 05-5169

Citation Numbers: 182 F. App'x 135

Filed Date: 6/5/2006

Precedential Status: Non-Precedential

Modified Date: 1/12/2023