Paul Shook, Jr. v. Lionel Apker

472 F. App'x 702

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 20, 2012
• Docket: 11-15735
• Status: Unpublished

Opinion

MEMORANDUM **

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.

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, 91 S.Ct. 1999, 29 L.Ed.2d 619 (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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.