# Greene

> District Court, W.D. Louisiana · October 23, 2025

URL: https://www.frixlaw.com/law-library/cases/11208405

## Case

- **Full name:** Michael L. Greene v. Miranda Bordelon et al
- **Court:** District Court, W.D. Louisiana
- **Decided:** October 23, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11208405

## How later opinions describe it (automated extraction)

- explaining that “a prison and an inmate’s disagreement with a classification is insufficient to establish a constitutional violation”

## Opinion text

a
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

MICHAEL L GREENE #22768-058, CIVIL DOCKET NO. 1:25-CV-00538
Plaintiff SEC P

VERSUS JUDGE TERRY A. DOUGHTY

MIRANDA BORDELON ET AL, MAGISTRATE JUDGE PEREZ-MONTES
Defendants

REPORT AND RECOMMENDATION
Before the Court is a civil Complaint (ECF No. 1) filed pursuant to
, 403 U.S. 388 (1971), by
pro se Plaintiff Michael L. Greene (“Greene”). Greene is imprisoned at the United
States Penitentiary in Pollock, Louisiana (“USP-P”). He requests monetary damages
and injunctive relief for the alleged deprivation of adequate medical care and
retaliation.
Because Greene fails to state a viable claim, his Complaint should be DENIED
and DISMISSED WITH PREJUDICE.
I. Background
Greene claims he has been on a hunger strike since February 15, 2025, to
protest: (1) the Bureau of Prison’s (“BOP”) failure to properly classify him as a
medium security inmate; (2) widespread corruption in the BOP’s maximum security
prisons; and (3) USP-P’s contaminated water system. ECF No. 1 at 1-3. He asserts
that he “will not eat again until the BOP addresses the aforementioned issues.”
at 3.
Greene alleges that his hunger strike is causing low blood sugar, low blood

pressure, left kidney pain, extreme migraine headaches, dizzy spells, and “blacking
out.” ECF No. 1 at 3.
Greene further alleges that, in retaliation for his protest, Miranda Bordelon is
colluding with other staff members to punish him by taking him off Ensure health
supplement drink and intentionally trying to make Greene “pass out” so they can
“force a tube up his nose.” at 4. Greene asserts that he was wrongfully moved
from a medical observation cell to a non-observation cell in the Special Housing Unit

(“SHU”), in violation of BOP policy. at 5. He also alleges that Defendants falsified
documents claiming that Greene had eaten food. at 5-6.
Greene seeks injunctive relief in the form of an order that Defendants provide
him with Ensure or other fluids while he is on strike, an order that he be transferred
to another facility, and for costs to be assessed to Defendants. ECF No. 1 at 6.
In his Motion for Emergency Hearing, Greene alleges that he was transported

to the emergency room on May 5, 2025, to receive intravenous fluids due to
dehydration. ECF No. 6 at 2. He states that on May 9, 2025, Defendants threatened
to “force feed” him. .
In an Amended Complaint, Greene alleges that the prison doctor ordered that
he be provided with Ensure, broth, and other fluids, but staff members refuse to
comply with the doctor’s order. ECF No. 10 at 2. Considering this new allegation,
the Court ordered the Government to respond to the Emergency Motion and
Complaint within seven days.
Greene seeks damages “in excess of six million dollars,” as well as injunctive

relief. ECF No. 18.
II. Law and Analysis
A. Greene’s Complaint is subject to preliminary screening.
Because Greene is a prisoner1 suing officers or employees of a governmental
entity and proceeding , his Complaint is subject to preliminary
screening under 28 U.S.C. § 1915A and § 1915(e)(2). Both statues provide for
dismissal of a complaint, or any portion thereof, if a court finds it is frivolous

or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks
monetary relief against a defendant who is immune from such relief.
B. Greene fails to state a viable claim for damages or injunctive relief.

A claim is “an implied private action for damages against federal
officers alleged to have violated a citizen's constitutional rights.”
, 534 U.S. 61, 66 (2001). In , the Supreme Court recognized a
cause of action for money damages under the Fourth Amendment where federal
agents allegedly “manacled” the plaintiff “in front of his wife and children and
threatened to arrest the entire family”; “searched the apartment from stem to stem”;

1 Under 28 U.S.C. § 1915(h), “‘prisoner’ means any person incarcerated or detained in any
facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations
of criminal law or the terms and conditions of parole, probation, pretrial release, or
diversionary program.”
and took him to a federal courthouse where he was “interrogated, booked, and
subjected to a visual strip search.” , 403 U.S. at 389.
In the next decade, the Supreme Court recognized two other causes of action

against federal officers: (1) for sex discrimination against a former congressional
staffer in violation of the Fifth Amendment, , 442 U.S. 228
(1979); and (2) for a failure to provide an asthmatic prisoner with adequate medical
care in violation of the Eighth Amendment, , 446 U.S. 14 (1980).
Since then, the Supreme Court has not once extended the remedy, and it has
declined to do so at least a dozen times. , 22-40579, 2023 WL
5814910, at *1 (5th Cir. 2023) (per curiam) (unpublished) (citing , 596

U.S. 482 (2022)).
Greene alleges that he is being denied adequate medical care in violation of
the Eighth Amendment and subject to retaliation under the First Amendment. To
succeed on a claim for the deprivation of medical care, a plaintiff must show that
Defendants are deliberately indifferent to his serious medical needs. To state a viable
claim, a plaintiff must allege that a federal actor refused to treat him, ignored his

complaints, knowingly treated him incorrectly, or otherwise evidenced a wanton
disregard for his serious medical needs. , 884 F.3d 534, 538
(5th Cir. 2018) (citing , 239 F.3d 752, 756
(5th Cir. 2001)). Greene provides no such allegations. In fact, he admits that he was
provided medical care when he was recently transported to the emergency room to
receive treatment for dehydration. ECF No. 6 at 1.
Furthermore, the Government provided records documenting the extensive
medical care Greene received. ECF No. 13-1. Greene formally declared his hunger
strike on February 15, 2025. ECF No. 13-1 at 1151. On February 18, 2025, V.

Jameson, RN, BSN, assessed Greene and documented his hunger strike. ECF No.
13-1 at 815. Nurse Jameson recorded Greene’s weight at 140.4 pounds and notified
the psychology services department of Greene’s condition. at 815-16. Nurse
Jameson advised Greene of the potential adverse health results of failing to intake
adequate nutrition, and Greene verbalized his understanding. Greene was placed
on medical observation, where he received several daily medical encounters.
Prison officials continued to deliver Greene’s meals, which he refused. ECF No. 13-1

at 4.
On February 19, 2025, normal vital statistics were noted, and Greene’s weight
was recorded at 139.5. ECF No. 13-1 at 812-13. Greene refused water. at 813.
Greene complained that he should not be housed at a penitentiary. . at 812.
The following day, Greene’s weight was recorded at 137. at 809. Maxwell
Dunbar, RN, noted elevated heart rate during seated to standing position change, as

well as dark urine output. at 810. Greene was advised of the risks of deficient
calorie intake and advised to hydrate to protect organ function.
Greene was also evaluated by Dr. Padilla that day. at 803. Greene denied
swallowing anything, but had a history of swallowing objects to obtain transport to
an outside hospital. Dr. Padilla ordered bloodwork, vitamins, and a urinalysis
for the duration of the hunger strike. Greene was advised of the possibility of
involuntary feeding if his medical condition became emergent, and he was advised to
drink water to avoid kidney damage. Greene again expressed his disagreement
with his placement at a penitentiary as the impetus for his hunger strike.

Prison staff continued to monitor Greene multiple times per day, but Greene
frequently refused lab work. ECF No. 13-1 at 769, 783, 792, 1094-99. Greene advised
Dr. Padilla that he would comply in exchange for “some old newspapers and
magazines.” at 792. Dr. Padilla noted that Greene received reading material the
day before, and “no newspapers or magazines will be exchanged for compliance.”
Greene continued to report that his hunger strike was due to his belief that he
should not be housed in a penitentiary. at 233, 621, 787, 798, 808, 812, 983. At

times, Greene refused medical care, stating that he will not eat or consent to medical
assessment until he is transferred from UPS-P. Greene was again advised to
drink water, eat small, frequent meals, and rest as needed. at 780.
On February 24, 2025, Greene refused medical assessment and lab work. He
took prescribed medication without water. at 769-771. Greene expressed a desire
to drink juice or coffee. He was offered Ensure, but he refused. Greene

refused assessment and labs again on February 25 and 26, 2025. at 751, 758.
On the afternoon of February 26, 2025, Dr. Padilla noted that Greene’s urine
contained ketones and protein, which could require a use of force to conduct blood
work and potential forced feeding. at 750. L. Kirkham, NP, ordered the
administration of three bottles of Ensure daily. at 748. Greene was provided
three bottles that day with Nurse Jameson and Ms. Bordelon as witnesses. at
746.
The following morning, Greene reported having consumed the three bottles of

Ensure and two cups of water. ECF No. 13-1 at 744. Dr. Padilla advised Greene that
staff would do whatever was necessary to preserve his life and health, including
forced feeding, if necessary. Greene then permitted staff to draw labs. He also
drank a bottle of Ensure and two cups of water. Greene indicated that he “might
eat something later on.”
On February 28, 2025, Greene reported feeling better than the day before. He
continued to drink Ensure and water and comply with medical assessments through

March 12, 2025. at 652- 734.
On March 12, Nurse Practitioner Kirkham noted that Greene and had been on
the nutritional supplement for 10 days, and his weight had stabilized at 133 lbs.
at 678. Nurse Practitioner Kirkham discussed discontinuing the nutritional
supplement, to which Greene reportedly responded: “Yeah, I probably don’t need it
anyway. Just bring me some coffee and milk.” at 678. The nurse practitioner

encouraged Greene to transition to solid foods.
Greene continued to refuse meals, but indicated that he was drinking water.
ECF No. 622-651. On March 18, 2025, Greene informed staff that he had no intention
of transitioning to solid food until he is transferred to a medium level institution.
at 621. He also stated: “I don’t really want Ensure but I go ahead and ask for it so
ya’ll can document that I'm asking for it so I don't have to get force fed.” at 621.
Nurse Practitioner Kirkham noted that Greene was consuming fluids throughout the
day such as water, Kool-Aid, and milk with creamer and sugar. He was also taking
daily vitamin supplements.

Staff continued to monitor Greene’s heath several times per day. at 589-
621. On March 25, 2025, Greene reported dizziness upon standing, but denied
dizziness during the assessment. at 588. Later that day, Nurse Sasser ordered
the administration of IV fluids. at 580.
Greene was transferred from the medical observation unit to the SHU on
March 26, 2025. ECF No. 13-1 at 576, 1156. Regular and consistent medical checks
continued.

On March 28, 2025, Nurse Sasser noted that Greene received two dinner trays
the prior evening. “He consumed the bottom portion of the cornbread, more than half
of the collard greens, the chicken quarter, and half of the sweet potato from both
trays. However, he still claims that he didn’t eat.” at 564. Greene disputes this
allegation.
On April 2, 2025, Dr. Serrano-Mercado noted:

During all this time, patient has been hydrating enough to produce
urine and bowel movements. Only on 1 occasion he needed to be
encouraged to increase hydration due to signs of orthostatic hypotension
which since then has not occurred again.

He’s had a total weight loss of 12.4 pounds. Starting weight:140#,
current weight: 128# with a BMI of 17.4.

He was observed gaining 2 pounds on 04/01/25.

His lab work is reported with normal kidney function and normal pre-
albumin levels on labs available until today.
My recommendation at this time is to monitor very closely to ensure he
is not eating from the trays and follow with good documentation of this.
He seems to be due for labs tomorrow, these would be good to have them
done to monitor again his kidney function and rest of lytes.

As of today, he does not show signs of dehydration or orthostatic
hypotension with review of labs and vital signs reviewed.

ECF No. 13-1 at 534. Daily medical assessments continued, with Greene reporting
to consume water, milk, and coffee. at 471-525.
On April 15, 2025, Greene refused his medical assessment. at 467. He
complained: “y’all refusing to give me liquids.” at 468. Greene admitted that the
sink in his cell was working, but stated that he wants other things to drink.
Greene continued to refuse medical assessments until April 21, 2025. He
claimed that he had not urinated or ingested fluids for seven days, except for coffee
the day before. ECF No. 13-1 at 436. He took his medication without water.
After Nurse Guillory left, Greene requested milk from his breakfast tray, which an
officer provided.
On April 24, 2025, Greene refused to leave his cell in the SHU for medical
assessment. at 430. He was transferred back to the medical observation cell.
The following day, Greene consented to a full medical assessment and labs. at
424-26. His weight was 125 lbs. at 422. Greene denied intake of fluids, but again
requested milk from the breakfast trays and a cup of water. Greene reported that
he last urinated two days prior.
Over the following days, Greene increased fluid intake and was returned to
general population. ECF No. 13-1 at 407-12. Still, he continued to refuse meals.
On April 30, 2025, Greene was transported back to medical observation and
consented to assessment. at 398. Nurse Practitioner Delrie informed Greene that
his thiamine level was low, and Greene agreed to take vitamins. at 394. The

nurse practitioner ordered multivitamins, Vitamin B, and Thiamine tablets. at
396.
Daily monitoring continued through May 2, 2025, where Nurse Practitioner
Delrie noted hypotension. at 376, 379. The nurse practitioner had a “long
discussion” with Greene about his increased chance of organ failure and death from
malnutrition. Greene was agreeable to labs and IV hydration.
A few hours later, Dr. Padilla examined Greene and noted orthostatic

hypotension, low Vitamin B, and creatine. at 376. Dr. Padilla administered IV
fluids and prescribed two cartons of nutritional supplement three times per day for
four days. at 378.
Greene consumed Ensure on May 3 through 5, 2025, but continued to refuse
food. His weight was between 127-129 lbs. at 362, 372, 383. Dr. Serrano-Mercado
performed a chart review, finding that Greene was at high risk for refeeding

syndrome. at 356. The doctor recommended evaluation for psychosis due to
Greene’s low thiamine level. Dr. Serrano-Mercado also recommended:
1. Urine and prealbumin at least weekly and I would add thiamine
since he is already less than 6. He was evaluated by psychology on
04/25/25 and found him not psychotic. Every time he continues to
have thiamine low, I would suggest psychology referral to rule out
psychosis.
2. Rest of the chemistries with Mg, Phosphorus, and thiamine every 2
weeks or by clinical judgement.
3. He should be offered every single day: thiamine 100 mg daily, B
complex 1 tab daily and Multivitamin tab I daily.
4. Ensure or oral nutritional supplement CAN be offered for voluntary
consumption ONLY IF there is objective evidence of malnutrition
and would otherwise require enteral feeding. These are provided to
avoid refeeding syndrome for when he starts oral consumption.
*** If he continues to lose weight and reaches 10% of total weight
loss in 3 months, I will recommend proceeding with ENTERAL
FEEDING with Nutren or Resource 2.0. and to follow as stated
on Appendix 4, page 21 of the Hunger Strike CPG’s. *** I would
also suggest continuing with psychology evaluations weekly since
this is a requisite prior to enteral feeding and he is very close to
this. ***
5. His prealbumin has continuously been reported among normal
values. If prealbumin drops to 15, an immediate psychology
evaluation should be performed to go towards involuntary feeding
since we need to make sure he does not drop to a prealbumin 11
because that would place him at a higher mortality level.
6. With the reported labs today: I would suggest starting an IV fluid:
Half normal saline (0.45%) I Liter with 500 mg Thiamine at 250
mL/hr. *** Ensure the IVF DOES NOT have added glucose. If you
only have 0.45% with DSW, you WILL NEED to administer first by
itself the thiamine 500 mg prior to the IVF. ***
7. Continue close monitoring of his weight and vitals.

at 356. Ensure was discontinued, and Greene was transported to the emergency
room for administration of intravenous fluids with thiamine. at 352, 1131.
Hospital records note:
47-year-old male with depression is here from Pollock prison on a
Hunger Strike for the past 75 days drinking only fluids and lab work
was collected and thiamine is <6 from lab collected 4-25-25. Patient has
been taking oral thiamine 100 mg since April 30th and repeat lab work
collected May 2nd has not resulted yet. Regional Medical Director
recommends thiamine 500 mg IV at local ED so has come from local
prison and he does state he has been drinking ensure 2 cans 3 times a
day since Friday.
ECF No. 13-1 at 1117. Greene was administered intravenous fluids with thiamine.
. at 1117, 1131. His lab work returned to normal, and he was transported back to
USP-P.

Greene continued fluid intake, and medical staff monitored his health with
labs and physical assessments. However, on May 9, 2025, Greene refused fluids and
vitamins. He stated that he would not drink until some of his “conditions” were met.
at 312. His weight was recorded at 123 lbs., so Nurse Practitioner Delrie discussed
possible enteral feedings. Greene drank water and coffee, and Dr. Padilla
prescribed four days of the nutritional supplement regimen. Greene advised Dr.
Padilla that he “is going to sue everyone.” at 311. Greene reiterated that he

should not be housed at a penitentiary.
Greene’s protocol remained the same, and his condition was stable through
May 20, 2025. ECF No. 13-1 at 247-299. However, on May 21, 2025, Dr. Serrano-
Mercado noted that Greene was orthostatic and losing weight despite consuming six
boxes of Ensure daily. at 240. Accordingly, Dr. Serrano-Mercado ordered enteral
feeding.

Nurse Practitioner Delrie had “multiple discussions” with Greene about
nasogastric feeding, but he still refused food. at 232. The warden authorized the
feeding, and a nasal gastric tube (“NGT”) was placed, delivering 250 mL of enteral
feeding. Greene returned to medical observation. The nurse practitioner
explained that NGT feedings would continue for nine days if Greene continued his
strike. Greene replied: “You know I’m not going to eat.”
Each day, Greene was provided the opportunity to eat, and each day he
declined. The NGT feedings continued. Greene spoke “loudly and frequently
about his pending court cases” throughout the feedings, and claimed he was being

tortured. at 186, 205, 214. On May 27, 2025, the NGT feedings were discontinued
due to Greene’s improvement. at 152-53.
Dr. Padilla examined Greene on June 4, 2025, and discussed the reasons for
Greene’s hunger strike. at 113. Dr. Padilla advised Greene that no one was lying
to him, and everyone has tried to help him. He informed Greene that “the BOP has
strict policies on points and time served and him doing a hunger strike was not going
to change that policy.” When Greene complained that his Ensure was

discontinued, Dr. Padilla explained “that BOP policy does not support chronic use of
Ensure” and that enteral feeding “is done if his BMI gets to 17 or below.” Dr.
Padilla recommended four packets of milk powder with each meal.
Hunger strike protocol continued, with Greene receiving 4 to 5 packets of milk
with every meal. at 17, 20, 25, 56, 61, 76. On June 8 and 11, 2025, Greene
declared that he was feeling “great.” at 34, 65-66.

The record is clear that Defendants have not refused to treat Greene, ignored
his complaints, knowingly treated him incorrectly, or otherwise evidenced a wanton
disregard for his serious medical needs. In fact, the medical documents prove the
opposite. Greene has received—and continues to receive—medical assessments
multiple times a day, as well as medical treatment from numerous medical doctors,
nurse practitioners, and registered nurses.
Greene believes that he should be provided specific medical care in the form of
Ensure nutritional supplement. But Greene experienced orthostatic hypotension and
weight loss even with six boxes of Ensure per day. ECF No. 13-1 at 240. And Dr.

Padilla explained that Ensure is not a long-term solution or treatment. at 113.
The record shows that prison officials have followed all the medical orders issued by
Dr. Padilla and Dr. Serrano-Mercado. Greene clearly disagrees with the medical care
he is receiving, but a prisoner’s disagreement with medical treatment is generally not
sufficient to show deliberate indifference. , 463 F.3d 339, 346
(5th Cir. 2006); , 438 F.2d 918, 919 (5th Cir. 1971)
(“Since petitioner does not wish to undergo extensive dental extractions, the prison

authorities are not to be held responsible for the cause of his suffering.”). Greene’s
choice to engage in a prolonged hunger strike due to his belief that he is misclassified
is the cause of his suffering.
Greene’s allegation that USP-P water is contaminated is unsupported and
conclusory. ECF No. 1 at 3. Conclusory allegations are insufficient to state a
constitutional claim. , 550 U.S. 544, 555 (2007).

Greene asserts that Defendants are unconstitutionally threatening to “force-
feed” him. Federal courts have generally approved of force-feeding inmates on hunger
strike, regardless of whether the person was a convicted prisoner, a pre-trial detainee,
or a person held pursuant to a civil contempt order. , 134 F.Supp.2d
1238, 1255 (N.D. Ala. 2001); , 23-CV-10025, 2023
WL 6216338, at *1 (D. Kan. 2023) (authorizing force-feeding); , 953
F. Supp. 2d 213, 222 (D.D.C. 2013) (denying injunction to stop Government from
force-feeding). Furthermore, federal regulations specifically authorize force-feeding
or other medical treatment for prisoners on hunger strikes without the prisoner’s

consent if there is “a medical necessity for immediate treatment of a life or health
threatening situation.” 28 C.F.R. § 549.65. “The mere allegation of forced-feeding
does not describe a constitutional violation,” , 977 F.2d 421 (8th
Cir. 1992), nor does the threat of force-feeding, , No. 02-10984,
2003 WL 21108479, at *1 (5th Cir. 2003) (per curiam) (verbal threats do not amount
to a constitutional violation); , 877 F.2d 14, 17 (8th Cir. 1989)
(prisoner’s constitutional rights “were not violated by the threat of receiving

involuntary nourishment”).
Accordingly, Greene fails to adequately allege a constitutional deprivation of
medical care sufficient to state a viable claim or a claim for injunctive relief.
Greene alleges that Miranda Bordelon retaliated by refusing to provide him
with Ensure nutritional supplement. However, the Supreme Court has never
recognized a cause of action under the First Amendment.

, 998 F.3d 682, 686 (5th Cir. 2021)
(citing , 566 U.S. 658, 663 n.4 (2012); , 462 U.S. 367,
368 (1983)). And Greene does not state a viable claim for injunctive relief based on
his allegations of retaliation. “To state a claim of retaliation an inmate must allege
the violation of a specific constitutional right and be prepared to establish that but
for the retaliatory motive the complained of incident . . . would not have occurred.”
, 60 F.3d 1161, 1166 (5th Cir. 1995). Greene does not adequately
allege the violation of a constitutional right because “where a prison grievance
process exists, undertaking a hunger strike ‘does not clearly implicate the exercise of

any specific constitutional right and does not support a claim for retaliation.’”
, 23-cv-2792, 2023 WL 6798120, at *3 (S.D. Tex. 2023),
23-20529, 2024 WL 4708000 (5th Cir. 2024) (quoting , 14-cv-138, 2015
WL 4527683, at *5 (M.D. La. 2015);
, 369 F.3d 854, 864 (5th Cir. 2004) (“‘If the inmate is unable to point to a
specific constitutional right that has been violated, the [retaliation] claim will fail.’”)
(citation omitted). Furthermore, as discussed above, Ensure was only prescribed by

physicians at certain times—and Greene received the Ensure as prescribed.
has likewise never been extended to a claim regarding custody
classification or housing assignments. Therefore, Greene fails to state a viable claim
for damages related to his classification. Nor does he state a viable claim for
injunctive relief. A prisoner has no protected liberty interest in the location of his
confinement or his custody classification. , 59 F.3d 530, 533

(5th Cir. 1995) (explaining that “a prison and an inmate’s disagreement with a
classification is insufficient to establish a constitutional violation”);
, 6:24-cv-060, 2025 WL 1062313, at *4 (E.D. Tex. 2025),
2025 WL 830992 (E.D. Tex. 2025); , 172
F. App’x 589, 591 (5th Cir. 2006) (citing , 427 U.S. 215, 225 (1976));
, 157 F. App’x 767, 768 (5th Cir. 2005); ,
217 F.3d 332, 334 (5th Cir. 2000); , 20-cv-117, 2020 WL 6054930,
at *5 (M.D. La. 2020), , 2020 WL 6051252 (M.D.
La. 2020). Prison psychologist Dr. Stephenson contacted Greene’s unit team for

clarification regarding Greene’s classification. Dr. Stephenson noted that the BOP
would not consider placement in a medium security facility because Green had over
30 years remaining on his sentence. ECF No. 13-1 at 980 (“Greene was informed
due to sentence length (still having more than 30 years on his sentence) an FCI will
not be considered.”); ECF No. 13-1 at 986 (Greene “cannot go to an FCI until he has
under 20 years left on his sentence”). Greene has no right to be housed at another
facility.

III. Conclusion
Because Greene fails to state a viable constitutional claim for injunctive relief
or damages under , IT IS RECOMMENDED that the Complaint (ECF No. 1)
be DENIED and DISMISSED WITH PREJUDICE under 28 U.S.C. §§ 1915(e)(2)(b)
and 1915A.
Under 28 U.S.C. § 636(b)(1)(c) and Fed. R. Civ. P. 72(b), a party may file

written objections to this Report and Recommendation within 14 days of service,
unless the Court grants an extension of time to file objections under Fed. R. Civ. P.
6(b). A party may also respond to another party’s objections to this Report and
Recommendation within 14 days of service of those objections, again unless the Court
grants an extension of time to file a response to objections.
No other briefs may be filed without leave of court, which will only be granted
for good cause. A party’s failure to timely file written objections to this Report and
Recommendation will bar a party from later challenging factual or legal conclusions
adopted by the District Judge, except if the challenge asserts “plain error.”
SIGNED on Thursday, October 23, 2025.
“ om
JOSEPH H.L. PEREZ-MONTES
UNITED STATES MAGISTRATE JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11208405. Public record. Not legal advice.