Russell v. State of Ohio et al, No. 1:2009cv02134 - Document 2 (N.D. Ohio 2009)

Court Description: Memorandum of Opinion and Order dismissing this action under 28 U.S.C. 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. Judge Christopher A. Boyko on 11/3/09. (M,M)

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Russell v. State of Ohio et al Doc. 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO JASON M. RUSSELL, SR., ) ) ) ) ) ) ) ) ) Plaintiff, v. STATE OF OHIO, Defendant. CASE NO. 1:09 CV 2134 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER On September 15, 2009, plaintiff pro se Jason M. Russell, Sr., an inmate at the Lebanon Correctional Institution, filed a document entitled “Motion to Set Aside and Vacate Judgment,” citing, inter alia, 42 U.S.C. § 1983. Default The document asserts plaintiff’s conviction in the Ohio Court of Common Pleas was the result of “fraud and misconduct.” 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). Dockets.Justia.com Plaintiff is essentially challenging the validity of his state conviction and resulting current confinement. 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 (1973). Accordingly, this action is dismissed under 28 U.S.C. § 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 November 3, 2009 2

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