Judge Lawrence Kahn

While held at Federal Correctional Institution Terre-Haute (FCI Terre-Haute) Miller provided Madison promissory notes for representation on his appeal from conviction. Miller’s legal mail from Madison described the subject notes as invalid and fraudulent. A magistrate judge recommended that Miller be denied injunctive relief in connection with an FCI Terre-Haute incident report in connection with Madison’s mailings. Despite taking seriously Miller’s statements about declining health and threats to his physical well being—properly redressed through facility-level action or by a claim in the proper federal district court—the court conducted de novo review of Miller’s claim that he would not be suffering had Madison never led prison officials to believe that he committed fraud. Adopting the magistrate judge’s recommendation, district court denied Miller injunctive relief. Although Miller’s alleged injury at the hands of prison officials may be ongoing, the alleged wrong committed by Madison was in the past. Thus, prison officials—not Madison—are levelling punishment against Miller. Even if Madison recanted, the decision to keep Miller in FCI Terre-Haute’s special housing unit rests with prison officials, not Madison.