HOOD v. ADAMS et al, No. 1:2009cv02001 - Document 6 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Ricardo M. Urbina on 11/18/09. (ls, )
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ARON DEREL HOOD, Plaintiff, v. JOHN ADAMS, WARDEN, Defendant. ) ) ) ) ) ) ) ) ) FILED DEC 32009 u.s. oIS~mJTT/NGTON C,rR COURT' ~I N ~NCYMAYER '/( Civil Action No. 09-2001 MEMORANDUM OPINION This matter is before the Court on plaintiff s application to proceed in forma pauperis and pro se complaint. The application will be granted, and the complaint will be dismissed. Plaintiff brings this action under 42 U.S.c. § 1983, and alleges that defendant has incarcerated him in violation of his constitutional rights. CompI. at 1, 5. In addition to demanding reversal of his criminal conviction, he demands monetary damages. Id. at 5. Because plaintiffs claim goes to the fact of his confinement, he cannot recover damages in this civil rights action under 42 U.S.c. § 1983 without showing that his confinement 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 has not satisfied this prerequisite and therefore fails to state a claim upon which relief can granted. An Order consistent with this Memorandum Opinion will be issued separately ~ DATE: \\ I\A~OI Th. ~ United States District Judge
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