0:25-cv-04215•Dalluge v. United States of America
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA MICHAEL D. DALLUGE, Petitioner, v. UNITED STATES OF AMERICA, Respondents. Case No. 25-CV-4215 (LMP/EMB) REPORT AND RECOMMENDATION This matter is before the Court on Michael D. Dalluge’s “motion for relief” under 28 U.S.C. § 2241, (“Petition”), which the Court construes as a petition for habeas relief under § 2241. (Dkt. No. 1.) For the reasons below, the Court recommends denying the Petition and dismissing this action.1 Mr. Dalluge is a federal inmate at the Federal Medical Center in Rochester, Minnesota (“FMC-Rochester”). (See id. at 1). The Petition challenges the medical care provided for his opioid dependence and alleges constitutional violations. (See id.) Specifically, Mr. Dalluge claims that FMC-Rochester staff have administered Vivitrol—which makes him 1 Under Rule 4 of the Rules Governing § 2254 Cases in the U.S. District Courts, “[i]f it plainly appears from [a] petition . . . that the petitioner is not entitled to relief,” the judge must summarily dismiss the petition. Although Mr. Dalluge proceeds under § 2241, the Court exercises its discretion under Rule 1(b) of the § 2254 Rules to apply Rule 4 here. CASE 0:25-cv-04215-LMP-EMB Doc. 6 Filed 12/10/25 Page 1 of 5
2 “violently ill”—to treat his addiction and refused to prescribe Suboxone despite the benefits he asserts. See id. at 1–2. He alleges a violation of his “8th Amendment rights to medical care.” Id. at 1. He asks the Court to order his current doctor to administer Suboxone and to order his primary-care physician to be changed. Id. at 2. The Petition faces a threshold problem. Under 28 U.S.C. § 2241(c)(3), “[t]he writ of habeas corpus shall not extend to a prisoner unless . . . he is in custody in violation of the Constitution or laws or treaties of the United States.” The U.S. Supreme Court has emphasized this “custody” requirement: “It is clear . . . that the essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and that the traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). So “[i]f [a] prisoner is not challenging the validity of his conviction or the length of his detention, such as loss of good time, then a writ of habeas corpus is not the proper remedy.” Kruger v. Erickson, 77 F.3d 1071, 1073 (8th Cir. 1996) (per curiam); see also Spencer v. Haynes, 774 F.3d 467, 469–70 (8th Cir. 2014) (recognizing habeas petition was an improper vehicle challenge officer’s use of forcible restraints). CASE 0:25-cv-04215-LMP-EMB Doc. 6 Filed 12/10/25 Page 2 of 5
3 When a claim alleges some other wrong—for example, a challenge to the conditions of a prisoner’s confinement—habeas is not the proper remedy. See Spencer, 774 F.3d at 470; see also Boe v. Clay Cnty. Sheriff Off., No. 25- CV-3005 (NEB/LIB), 2025 WL 2842075, at *1 (D. Minn. Sept. 3, 2025), report and recommendation adopted, 2025 WL 2840817 (D. Minn. Oct. 6, 2025). Mr. Dalluge’s claims are conditions-of-confinement challenges. He does not dispute the validity of his conviction or sentence, nor does he claim that the Bureau of Prisons is executing his sentence in a way that affects his release date. Instead, he challenges the medical care he has received during incarceration. Claims of inadequate or improper medical treatment are standard conditions-of-confinement claims, which he must raise in a civil action, not a habeas petition. Where, as here, a § 2241 petition raises non-habeas claims, the Court has two options: it can either dismiss them without prejudice or recharacterize them under a more appropriate procedure. See Spencer, 774 F.3d at 471; Walton v. Rardin, No. 25-CV-1673 (NEB/DLM), 2025 WL 1788385, at *2 (D. Minn. May 22, 2025), report and recommendation adopted, 2025 WL 1787523 (D. Minn. June 27, 2025). Before choosing which path to take, the Court must “consider the potential detriment” to the petitioner. See Spencer, 774 F.3d at 471 (citing Robinson v. Sherrod, 631 F.3d 839 (7th Cir.2011)); Walton, 2025 WL 1788385, at *2. CASE 0:25-cv-04215-LMP-EMB Doc. 6 Filed 12/10/25 Page 3 of 5
4 The undersigned recommends dismissal of this action because, for two reasons, recharacterization would not benefit Mr. Dalluge. First, a civil action carries a $350 filing fee payable up front or in installments, 28 U.S.C. § 1915(b), and Mr. Dalluge should have the opportunity to decide whether to incur that cost. Second, he would likely face serious obstacles in stating a claim even if the Court were to recharacterize his petition. He seeks a specific medical treatment that FMC-Rochester officials have declined to provide, but “a prisoner’s mere difference of opinion over matters of expert medical judgment or a course of medical treatment fails to rise to the level of a constitutional violation.” Barr v. Pearson, 909 F.3d 919, 921–22 (8th Cir. 2018) (quoting Meuir v. Greene Cnty. Jail Emps., 487 F.3d 1115, 1118–19 (8th Cir. 2007) (cleaned up)); see also Bakambia v. Ghebre, No. 24-CV-3653 (LMP/DJF), 2025 WL 2936880, at *14 (D. Minn. May 23, 2025) (making a similar point and citing cases), report and recommendation adopted, 2025 WL 2528591 (D. Minn. Sept. 3, 2025). The Court therefore recommends denying the Petition. Given this recommendation, the Court also recommends denying as moot Mr. Dalluge’s Application to Proceed In Forma Pauperis (Dkt. No. 4). RECOMMENDATION Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that: CASE 0:25-cv-04215-LMP-EMB Doc. 6 Filed 12/10/25 Page 4 of 5
5 1. Petitioner Michael D. Dalluge’s “motion for relief” under 28 U.S.C. § 2241 (Dkt. No. 1) be DENIED. 2. Mr. Dalluge’s Application to Proceed In Forma Pauperis (Dkt. No. 4) be DENIED as moot. 3. This action be DISMISSED. Dated: December 10, 2025 s/Elsa M. Bullard ELSA M. BULLARD United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:25-cv-04215-LMP-EMB Doc. 6 Filed 12/10/25 Page 5 of 5
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