Opinion
3:19-cv-00059-wmc
01-25-2022
Reynolds, Cornell v. Flood, Patricia et al
NOTICE OF ELECTRONIC FILING
The following transaction was entered on 1/3/2022 at 10:03 AM CST and filed on 1/3/2022
Filer:
WARNING: CASE CLOSED on 11/10/2021
Document Number: 16(No document attached)
Docket Text:
** TEXT ONLY ORDER **
Plaintiff Cornell Reynolds has filed a second motion to alter or amend the court's judgment dismissing this case. (Dkt. #[14].) Reynolds now challenges the court's conclusion that his Sixth Amendment claim in this lawsuit is barred by Heck v. Humphry, 512 U.S. 477, 486-87 (1994), arguing that Heck does not apply because (1) he is seeking a declaratory judgment, injunctive relief and monetary damages, and (2) habeas corpus relief is not available to him because the Supreme Court had not addressed the viability of his claim. Yet Heck precludes claims for both monetary damages and a declaratory judgment. See Cochran v. Nozick, No. 2:20-cv-240, 2020 WL 5518535, at *1 (N.D. Ind. Sept. 14, 2020) (citing Baldwin v. Raemisch, No. 18-cv-872-jdp, 2019 WL 316746, at *3 (W.D. Wis. 2019); Turner v. Cnty. of Cook, No. 05 C 2890, 2005 WL 3299822, at *10 (N.D.Ill. 2005); Jones v. Watkins, 945 F.Supp. 1143, 1150-51 (N.D.Ill. 1996) (plaintiff "cannot seek to accomplish by a section 1983 declaratory judgment what he must accomplish through a writ of habeas corpus")). And Reynolds' prayer for relief in his complaint did not include injunctive relief (see dkt. #[1] at 5), and even if he had sought an injunction, it is likely that any relief he would seek related to this claim would be available only through a petition for a writ of habeas corpus. See Preiser v. Rodriguez, 411 U.S. 475, 487 (1973) ("habeas corpus is the appropriate remedy for state prisoners attacking the validity of the fact or length of their confinement"). Moreover, the unique nature of Reynolds' Sixth Amendment claim is not a basis to circumvent the rule set forth in Heck. Savory v. Cannon, 947 F.3d 409, 430-31 (7th Cir. 2020) ("Heck controls the outcome where a section 1983 claim implies the invalidity of the conviction or the sentence, regardless of the availability of habeas relief."). Accordingly, Reynolds' motion to alter or amend is DENIED. Signed by District Judge William M. Conley on 01/03/2022. (aom), (ps)
3:19-cv-00059-wmc Notice has been electronically mailed to:
3:19-cv-00059-wmc Notice will be delivered by other means to::
Cornell D. Reynolds
332689
Fox Lake Correctional Institution
W10237 Lake Emily Rd.
P.O. Box 200
Fox Lake, WI 53933-0147