Hood v. Adams

UNITED STATES DISTRICT COURT
FILED
FOR THE DISTRICT OF COLUMBIA DEC
N 32009
~NCYMAYER
ARON DEREL HOOD, ) u.s. oIS~mJTT/NGTON C,rR
COURT' ~I '/(
)
Plaintiff, )
)
v. ) Civil Action No. 09-2001
)
JOHN ADAMS, WARDEN, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on plaintiff s application to proceed in forma pauperis
and pro se complaint. The application will be granted, and the complaint will be dismissed.
Plaintiff brings this action under 42 U.S.c. § 1983, and alleges that defendant has
incarcerated him in violation of his constitutional rights. CompI. at 1, 5. In addition to
demanding reversal of his criminal conviction, he demands monetary damages. Id. at 5.
Because plaintiffs claim goes to the fact of his confinement, he cannot recover damages
in this civil rights action under 42 U.S.c. § 1983 without showing that his confinement has been
invalidated by "revers[al] on direct appeal, expunge[ment] by executive order, declar[ation of
invalidity] by a state tribunal authorized to make such determination, or ... a federal court's
issuance of a writ of habeas corpus." Heck v. Humphrey, 512 U.S. 477,486-87 (1994); accord
White v. Bowie, 194 F.3d 175 (D.C. Cir. 1999) (table). Plaintiff has not satisfied this prerequisite
and therefore fails to state a claim upon which relief can granted. An Order consistent with this
Memorandum Opinion will be issued separately ~ Th. ~
United States District Judge
DATE: \\ I\A~OI