Opinion
Civil Action No. 18-306 (UNA)
04-24-2018
Bryan Wilson, Plaintiff, v. Matthew P. Cohen, Defendant.
MEMORANDUM OPINION
Plaintiff, a prisoner proceeding pro se, has submitted a Complaint and an application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's case upon a determination that the complaint fails to state a claim upon which relief may be granted).
Plaintiff was convicted in the Superior Court of the District of Columbia of "first-degree premeditated murder while armed and of several weapons charges in connection with the death of his wife Inga Wilson." Wilson v. Nextel Commc'ns, ___ F. Supp. 3d ___, 2017 WL 5135551, at *1 n.1 (D.D.C. Nov. 3, 2017) (quoting Wilson v. United States, 995 A.2d 174, 177 (D.C. 2010), affirmance on direct appeal). The instant complaint presents yet another challenge to plaintiff's conviction. See id. n.3 ("Plaintiff has challenged his criminal conviction and sentence vigorously") (record citation omitted)); Wilson v. O'Brien, 869 F. Supp. 2d 169 (D.D.C. 2012) appeal dismissed per curiam, No. 12-5225, 2013 WL 216328, at *1 (D.C. Cir. Jan. 4, 2013); see also Wilson v. United States, No. 07-CF-1097 (D.C. Ct. of App. filed Sept. 10, 2010) (per curiam) (order denying pro se motion to recall the mandate). Plaintiff now sues an assistant United States attorney under 18 U.S.C. § 2707 and 2712. He alleges that defendant "obtained plaintiff's cell site location information (CSLI) from Nextel Communications Inc. without a warrant or court order signed by judge or magistrate," in violation of 18 U.S.C. § 2703. Compl. at 2. Plaintiff alleges further that defendant used the information "to justify plaintiff's arrest, and as the sole evidence to suggest plaintiff was at the crime scene at the relevant time." Id. at 6. "As a result of defendant's willful violation," plaintiff contends, he "has suffered loss of liberty, emotional distress and destruction of reputation. Id. at 7. Plaintiff seeks "damages in the amount of $1,500,000 and $3,000,000 in punitive damages." Id.
If plaintiff were to succeed on the claim as pleaded, his conviction could not stand. As a result, this action is "not cognizable unless and until [plaintiff] meets the requirements of Heck" by having the conviction invalidated via direct appeal or habeas corpus, or declared void by an authorized tribunal. Harris v. Fulwood, 611 Fed. App'x. 1, 2 (D.C. Cir. 2015) (per curiam) (citing Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)). As indicated above, plaintiff has had no such success to date. Therefore, this case will be dismissed. A separate order accompanies this Memorandum Opinion.
/s/_________
United States District Judge Date: April 24, 2018