Opinion
Case: 1:15-cv-00109
01-16-2015
CHERRON MARIE PHILLIPS, Plaintiff, v. ERIC HOLDER, et al., Defendants.
Assigned To: Unassigned
Assign. Date: 1/22/2015
Description: Pro Se Gen. Civil
MEMORANDUM OPINION
This matter is before the Court on the plaintiff's application to proceed in forma pauperis and his pro se complaint. The Court will grant the application and dismiss the complaint.
According to the plaintiff, she "is imprisoned without authority and in violation of civil rights promised by the United States . . . ." Compl. at 2. In the guise of a civil rights action under Bivens v. Six Unknown Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), the plaintiff challenges her criminal conviction and sentence and demands an award of monetary damages.
"[A] criminal defendant may not recover damages under 42 U.S.C. § 1983 for 'harm caused by actions whose unlawfulness would render [her] conviction or sentence invalid' unless '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.'" Williams v. Hill, 74 F.3d 1339, 1340 (D.C. Cir. 1996) (citing Heck v. Humphrey, 512 U.S. 477, 487 (1994)). "The rationale of Heck applies equally to claims against federal officials in Bivens actions." Id. The plaintiff makes no such showing. She does not demonstrate that her conviction or sentence already has been reversed, expunged or invalidated, or that a federal court already has granted her petition for a writ of habeas corpus. This action for damages therefore must be dismissed.
An Order accompanies this Memorandum Opinion. DATE: January 16, 2015
/s/_________
United States District Judge