Thelen v. Cross

ORDER. Invoking Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the Administrative Procedures Act, Patrick The-len, a federal inmate, seeks damages on two claims. First he wants compensation for serving an allegedly unconstitutional sentence, even though courts have repeatedly rejected his collateral attacks. Second he argues that, by not providing him with a copy of the Federal Register, the warden prevented him from commenting on a proposed rule change. The district *780court dismissed the complaint at screening for failure to state a claim, see 28…