Cisneros v. Office of the Attorney General of the United States
This text of Cisneros v. Office of the Attorney General of the United States (Cisneros v. Office of the Attorney General of the United States) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUl\/IBIA F I L E D Juan Gabriel Cisneros, ) JAN 2 6 2017 Plaimiff, § Cg:iis` ii»'rsih§i§l§?,$c&r§?£'é?l£l§£ v. § Civil Action No. l6-2095-UNA y Office of the Attorney General § of the United States el' al., ) Defendants. §
MEMORANDUM OPINION
The plaintiff, a federal prisoner proceeding pro se, has submitted a Complaint and an application to proceed informal 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).
The plaintiff seeks “declaratory, injunctive, or prospective relief’ for his alleged unconstitutional criminal prosecution in the Southern District of Texas. lf the plaintiff were to succeed on his claims, his conviction could not stand. Therefore, this action is “not cognizable unless and until [the plaintiff] meets the requirements of Heck” by having the conviction invalidated via direct appeal or habeas corpus, or declared void by an authorized tribunal. Harrz`s v. Fulwood, 6ll Fed. App’x. l, 2 (D.C. Cir. 2015) (per curiam) (citing Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)). “Heck applies ‘no matter the relief sought (damages or equitable relief) . . . if success in [the] action Would necessarily demonstrate the invalidity of confinement or its duration.”’ Ia’. (quoting Wilkl`nson v. Dotson, 544 U.S. 74, 81-82 (2005) (alterations in
original)).
The plaintiffs convictions have not been invalidated See Um'ted States v. Cisneros, 112 F.3d 1272 (5th Cir. 1997) (affirming convictions on direct appeal); Cisneros v. Stephens, No. 2:13-Cv-126, 2014 WL 427188 (S.D. Tex. Feb. 4, 2014) (dismissing habeas corpus petition and denying certificate of appealability). Accordingly, this action Will be dismissed for failure to
state a claim. A separate order accompanies this Memorandum Opinion.
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l C'hiefJudge Date: Januarygé é, 2017
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