Opinion
Civil Action No. 19-1932 (UNA)
07-08-2019
JAMES EUGENE LARIVE, JR., Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MEMORANDUM OPINION
It appears that the plaintiff was convicted by a jury in the United States District Court for the District of South Dakota, The Hon. Jeffrey Viken presiding. See Compl. at 2 (page numbers designated by CM/ECF). The plaintiff alleges that a jury instruction "wrongly allowed the jury to find [him] guilty," id., and that he otherwise was denied a fair trial, see generally id. at 2-5. He requests "a second look or a new trial[.]" Id. at 2. To the extent that there is a remedy available to the plaintiff, he must present his claim to the sentencing court by motion under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. See Moore v. Smith, 186 F. App'x 8 (D.C. Cir. 2006) (per curiam); Taylor v. U.S. Bd. of Parole, 194 F.2d 882, 883 (D.C. Cir. 1952). Because this Court lacks jurisdiction over this matter, see, e.g., Embrey v. United States, No. 10-cv-0171, 2010 WL 364349, at *1 (D.D.C. Jan. 29, 2010), the complaint and this civil action will be dismissed. An Order is issued separately. DATE: July 8, 2019
/s/_________
United States District Judge