Catron v. DeWine, No. 1:2016cv02612 - Document 2 (N.D. Ohio 2016)

Court Description: Memorandum of Opinion and Order. This action is dismissed under section 1915A. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Christopher A. Boyko on 11/2/2016. (H,CM)

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Catron v. DeWine Doc. 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO JONATHON FITZGERALD CATRON, Plaintiff, v. MIKE DEWINE, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:16 CV 2612 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER On September 6, 2016, plaintiff pro se Jonathon Fitzgerald Catron, an inmate at the Mansfield Correctional Institution, filed this civil rights action against Ohio Attorney General Mike DeWine. Plaintiff’s Complaint does not contain intelligible claims for relief, but he appears to assert that his convictions in the Ohio Court of Common Pleas were invalid because they were based on fraud and conspiracy. For the reasons stated below, this action is dismissed pursuant to 28 U.S.C. § 1915A. A district court is expressly required to dismiss any civil action filed by a prisoner seeking relief from a governmental officer or entity, as soon as possible after docketing, if the court concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915A; Siller v. Dean, No. 99-5323, 2000 WL 145167 , at *2 (6th Cir. Feb. 1, 2000). Principles requiring generous construction of pro se pleadings are not without limits. Beaudett v. City of Hampton, 775 F.2d 1274, 1277 (4th Cir. 1985). A complaint must contain either direct or inferential allegations respecting all the material elements of some viable legal theory to satisfy federal notice pleading requirements. See Schied v. Fanny Farmer Candy Shops, Inc., 859 F.2d 434, 437 (6th Cir. 1988). District courts are not required to conjure up Dockets.Justia.com questions never squarely presented to them or to construct full blown claims from sentence fragments. Beaudette, 775 F.2d at 1278. To do so would "require ...[the courts] to explore exhaustively all potential claims of a pro se plaintiff, ... [and] would...transform the district court from its legitimate advisory role to the improper role of an advocate seeking out the strongest arguments and most successful strategies for a party." Id. Even liberally construed, the Complaint does not contain allegations reasonably suggesting plaintiff might have a valid federal claim. The Supreme Court has held that, when a prisoner challenges "the very fact or duration of his physical imprisonment, ... his sole federal remedy is a writ of habeas corpus." Preiser v. Rodriguez, 411 U.S. 475, 501 (1973). Further, absent allegations that criminal proceedings terminated in Plaintiff's favor or that a conviction stemming from the asserted violation of his rights was reversed, expunged by executive order, declared invalid by a state tribunal, or called into question by a federal court's issuance of a writ of habeas corpus, he may not recover damages for his claim. Heck v. Humphrey, 512 U.S. 477, 487 (1994). Accordingly, this action is dismissed under section 1915A. Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. s/ Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE DATED: November 2, 2016 -2-

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