KINSEY v. DEPARTMENT OF CRIMINAL JUSTICE et al, No. 1:2009cv00488 - Document 4 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge John D. Bates on 4/22/09. (ls, )
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FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELISE M. KINSEY, Plaintiff, v. DEPARTMENT OF JUSTICE, et al., Defendants. ) ) ) ) ) ) ) ) ) APR 232009 NANCY MAYER WHITTINGT U.S. DISTRICT COU~~' CLERK Civil Action No. 09-0488 MEMORANDUM OPINION This matter is before the Court upon consideration of plaintiffs application to proceed in forma pauperis and her pro se complaint. The application will be granted, and the complaint will be dismissed. Plaintiff alleges that she is illegally incarcerated. See CompI. at 4. In this civil rights action, she demands monetary damages of "[$] 1,000,000 for each year of illegal incarceration," as well as "total exoneration and exspangement [sic] of records." Id. Plaintiff may be awarded damages only if she first establishes that her conviction has been invalidated by "revers [al] on direct appeal, expunge[ment] by executive order, declar[ation of invalidity] by a state tribunal authorized to make such determination, or ... a federal court's issuance of a writ of habeas corpus." Heck v. Humphrey, 512 U.S. 477,486-87 (1994); accord White v. Bowie, 194 F.3d 175 (D.C. Cir. 1999) (table). Plaintiff does not satisfied the prerequisite and therefore fails to state a claim. For these reasons, the Court will dismiss the complaint under 28 U.S.C. ยง 1915A(b)(1). An Order consistent with this Memorandum Opinion is issued separately. ~~~ United States District Judge
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