Neal v. LaRiva

Dist. Ct. did not err in denying defendant-prisoner’s motion to stay prosecution of his section 2241 habeas petition (challenging defendant-prison’s revocation of commissary and telephone privileges, which defendant claimed were done in violation of his due process rights) pending defendant’s request for arbitration of his habeas claim. While defendant produced purported arbitration agreement signed by defendant in his assumed name of “David J. Nelson” and by representative of Bureau of Prisons, document was obvious forgery. Moreover, Dist. Ct. did not err in finding that defendant was not eligible for any relief under section 2241 since instant revocation did not concern length of his custody. Ct. of Appeals further fined defendant $500 for filing false document and referred matter to U.S. Attorney for consideration of bringing criminal perjury charges against defendant.