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Kinsey v. Department of Justice

United States District Court, D. Columbia
Apr 22, 2009
Civil Action No. 09-0488 (D.D.C. Apr. 22, 2009)

Opinion

Civil Action No. 09-0488.

April 22, 2009


MEMORANDUM OPINION


This matter is before the Court upon consideration of plaintiff's application to proceed in forma pauperis and her pro se complaint. The application will be granted, and the complaint will be dismissed.

Plaintiff alleges that she is illegally incarcerated. See Compl. at 4. In this civil rights action, she demands monetary damages of "[$] 1,000,000 for each year of illegal incarceration," as well as "total exoneration and exspangement [sic] of records." Id. Plaintiff may be awarded damages only if she first establishes that her conviction 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 does not satisfied the prerequisite and therefore fails to state a claim. For these reasons, the Court will dismiss the complaint under 28 U.S.C. § 1915A(b)(1). An Order consistent with this Memorandum Opinion is issued separately.


Summaries of

Kinsey v. Department of Justice

United States District Court, D. Columbia
Apr 22, 2009
Civil Action No. 09-0488 (D.D.C. Apr. 22, 2009)
Case details for

Kinsey v. Department of Justice

Case Details

Full title:ELISE M. KINSEY, Plaintiff, v. DEPARTMENT OF JUSTICE, et al., Defendants

Court:United States District Court, D. Columbia

Date published: Apr 22, 2009

Citations

Civil Action No. 09-0488 (D.D.C. Apr. 22, 2009)