Izquierdo v. Warden

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

RANDALL IZQUIERDO,

Petitioner, v. CAUSE NO. 2:21-CV-103-TLS-JPK

WARDEN, Putnamville Correctional

Facility,

Respondent.

OPINION AND ORDER

Randall Izquierdo, a prisoner without a lawyer, filed a motion to compel the Internal Revenue Service to send him a stimulus check [ECF No. 5]. Significantly, Izquierdo initiated this case by filing a habeas petition pursuant to 28 U.S.C. § 2254 for the purpose of challenging his conviction for forgery in the Porter Superior Court. See ECF No. 1. The Court cannot grant this request because it raises materially different concerns than those raised in the petition. See Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) (“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.”); Washington v. Smith, 564 F.3d 1350, 1351 (7th Cir. 2009) (“[A] habeas corpus petition must attack the fact or duration of one’s sentence; if it does not, it does not state a proper basis for relief under § 2254.”).

For these reasons, the Court DENIES the Motion to Compel [ECF No. 5].

SO ORDERED on April 29, 2021. s/ Theresa L. Springmann

JUDGE THERESA L. SPRINGMANN

UNITED STATES DISTRICT COURT