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Smith v. United States

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Sep 1, 2015
Civil Action No. 15-1201 (UNA) (D.D.C. Sep. 1, 2015)

Opinion

Civil Action No. 15-1201 (UNA)

09-01-2015

DAVID L. SMITH, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.


MEMORANDUM OPINION

This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se civil complaint. The application will be granted, and the complaint will be dismissed.

Plaintiff, who has been convicted and sentenced by the Wake County Superior Court, currently is incarcerated at the Maury Correctional Institution in Maury, North Carolina. He brings this civil rights action under 42 U.S.C. § 1983, and asks this court to "construe pro-se 1983 as 28 U.S.C. § 2255 and vacate and set aside" the judgment of conviction. Compl. at 4. "[I]t is well-settled that a [person] seeking relief from his conviction or sentence may not bring [actions for injunctive and declaratory relief]." Williams v. Hill, 74 F.3d 1339, 1340 (D.C. Cir. 1996) (per curiam) (citations omitted). Rather, such relief must be pursued under 28 U.S.C. § 2254 in an appropriate court designated under 28 U.S.C. § 2241(d). See, e.g., Bea v. Johnson, No. 09-0023, 09 0023, at *1 (D.D.C. Jan. 8, 2009).

Accordingly, the Court will dismiss this action. An Order consistent with this Memorandum Opinion is issued separately. DATE: 9/1/2015

/s/_________

United States District Judge


Summaries of

Smith v. United States

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Sep 1, 2015
Civil Action No. 15-1201 (UNA) (D.D.C. Sep. 1, 2015)
Case details for

Smith v. United States

Case Details

Full title:DAVID L. SMITH, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Date published: Sep 1, 2015

Citations

Civil Action No. 15-1201 (UNA) (D.D.C. Sep. 1, 2015)