Opinion
Civil Action 22-0265 (UNA)
06-06-2022
MEMORANDUM OPINION
DABNEY L. FRIEDRICH, United States District Judge.
This matter is before the Court on the plaintiff's application to proceed in forma pauperis and his pro se complaint. Generally, the plaintiff alleges that a Special Agent of the Drug Enforcement Administration submitted a fraudulent affidavit to secure the plaintiff's extradition to the United States for trial, and that a witness at his trial presented fraudulent testimony and exhibits, resulting in the plaintiff's criminal conviction. The plaintiff demands damages totaling $300 million.
The Supreme Court instructs:
[I]n order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.Heck v. Humphrey, 512 U.S. 477, 486-487 (1994); Williams v. Hill, 74 F.3d 1339, 1340-41 (D.C. Cir. 1996) (applying the Heck rule to Bivens actions). The plaintiff does not demonstrate that his conviction or sentence has been reversed or otherwise invalidated, and, therefore, his claim for damages fails. See, e.g., Johnson v. Williams, 699 F.Supp.2d 159, 171 (D.D.C. 2010), aff'd sub nom. Johnson v. Fenty, No. 10-5105, 2010 WL 4340344 (D.C. Cir. Oct. 1, 2010); Jones v. Yanta, No. 07-1172, 2008 WL 2202219, at *1 (D.D.C. May 27, 2008).
The Court will dismiss the complaint for failure to state a claim upon which relief can be granted. See 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). An Order is issued separately.