Banks v. Central Intelligence Agency

FILED .lUL 2 l mill FOR THE DISTRICT OF COLUMB[A Clll|l’i$ fbi 1118 DlSU'lCf Of CDlllmblll ) FREDERICK BANKS, ) ) Plaintiff, ) ) v ) civil A¢rion No. / 51 - // 99 l CENTRAL INTELLIGENCE AGENCY, el al. , ) ) Defendants. ) l MEMORANDUM OPINION This matter is before the Court on plaintiffs application to proceed in forma pauperis and his pro se complaint The application will be granted, and the complaint will be dismissed According to plaintiff, he unlawfully confined at a state facility in Ohio; he demands his immediate release from custody. See Compl. il l. insofar as the pleading can be construed as a petition for a writ of habeas corpus, this district is not the appropriate place for its adjudication The proper respondent in a habeas corpus action is the plaintiff’s warden. Rumsjield v. Padilla_. 542 U.S. 426, 434-35 (2004); Blair-Bey v. Quick. 151 F.?)d 1036__ 1039 (D.C. Cir. 1998) (citing Chatman-Bey v. Thornburgh, 864 F.2d 804, 810 (D.C. Cir. 1988)). The Court cannot entertain this petition for a writ of habeas corpus because neither the petitioner nor his custodian is within its territorial jurisdiction See Srokes v. U.S. Parole Comm ’n, 374 F.3d 1235, 1239 (D.C. Cir. 2004) Plaintiff remaining claims_, particularly those alleging the improper use of "subaural communications and frequencies and bio-electric sensors," Compl. 1 l, and the Central intelligence Agency’s use of "voice to skull electronic harassment technology," ia'. 11 2, will be dismissed as frivolous and duplicative of matters addressed and rejected in prior litigation See Banks v. Director, Ojj‘ice ofScz`ence and Ter.‘hnology, Behavz`oral Modz`fz`catz'on Um`t, No. l:l4- CV~O()S, 2014 WL 271650, at *4-5 (M.D. Pa. Jan. 23, 2014); Banks v. Central intelligence Agency, No. l:l3-CV-2664, 2013 WL 6328277, at *4-6 (M.D. Pa. Dec. 5, 2013). An Order accompanies this Memorandum Opinion. DATE; j 014 M( Unit%adi¢esr)istrictiudg@