Del Rosario v. Holder ( 2013 )

UNITED STATES DISTRICT COURT F 1 E D
FOR THE DISTRICT OF COLUMBIA APR 2 3 2[]‘\3
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Ccriiiiiis ltlor the Distrlct ot Go\umbl@
Christian Del Rosario, )
)
Plaintiff, )
)
v. ) Civil Action No. |B , L?L
)
Eric H. Holder, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on review of the plaintiff s pro se Complaint for
Declaratory and Injunctive Relief and application to proceed in forma pauperz``s. The application
will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § l9l5A (requiring
dismissal of a prisoner’s complaint upon a determination that the complaint fails to state a claim
upon which relief can be granted).
The plaintiff is a prisoner at the Federal Correctional Institution in Otisville, New York.
He challenges the constitutionality of the federal law under which he was sentenced and seeks a
declaration that the law is unconstitutional and an order compelling his release. Compl. at l, l4.
"[I]t is well-settled that a [person] seeking relief from his conviction or sentence may not bring
[actions for injunctive and declaratory relief]." Wl``lliams v. Hill, 74 F.3d 1339, 1340 (D.C, Cir.
1996) (per curiam) (citations omitted). Plaintiff`` s recourse lies, if at all, in proceedings
authorized by 28 U.S.C. § 2255. See Taylor v. U.S. Bd. ofParole, 194 F.2d 882, 883 (D.C. Cir.
1952) (stating that a motion to vacate under 28 U.S.C. § 2255 is the proper vehicle for
challenging the constitutionality of a statute under which a defendant is convicted); Ojo v, I.NS.,
106 F.3d 680, 683 (5"‘ Cir. 1997) (explaining that the sentencing court is the only court with
jurisdiction to hear a defendant’s complaint regarding errors that occurred before or during
sentencing). Hence, this case will be dismissed. A separate order accompanies this
Memorandum Opinion.
Date: April ,2013
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