IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CALVIN BERNARD BROOKS, #137 190
GWENDOLYN MOSLEY, et al.,
ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE
Petitioner is GRANTED leave to proceed in forma pauperis.
This case is before the court on an application for habeas corpus relief filed by Calvin
Brooks [“Brooks”], a state inmate incarcerated at the Easterling Correctional Facility located
in Clio, Alabama. He filed the instant action on a form for use in filing a habeas petition
under 28 U.S.C. § 2254. (Doc. No. 1.) Attached to the petition is Petitioner’s Affidavit in
Support of Petition for Writ of Habeas Corpus wherein Brooks asserts that he files this action
pursuant to 28 U.S.C. § 2241. (Doc. No. 2.) Upon consideration of the petition, and
supporting affidavit, the court concludes that the petition is due to be summarily dismissed.
See Rule 4, Rules Governing Section 2254 Cases in the United States District Courts.
B r o o k s
c u r r e n t l y
s e r v i n g
l i f e
s e n t e n c e .
S e e
Case 2:06-cv-00432-MEF-DRB Document 3 Filed 05/19/2006 Page 1 of 4
Brooks v. Mosley et al (INMATE2)
http://www.doc.state.al.us/inmsearch.asp. He complains that at
a progress review hearing, “Warden Mosley, Brian Mitchell, [and] Tyrone
Barrows . . . reactivated 3 burglary cases that has been served to its end of
sentences. They also reactiveated [sic] a theft of property second degree that
has also ended. Further in retalliation [sic] for the petitioner refusing to attend
a crime bill Sapp, program, the respondents knowingly filed false information
in the petitioner’s institutional files that stated the petitioner is serving a life