Gowadia v. United States Air Force

Opinion

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UNITED STATES DISTRICT COURT mill

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Noshir Gowadia, ) Plaintiff, l v. l Civil Action No. "

United States Air Force et al., l Defendants, l

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l\/IEl\/IORANDUl\/I OPINION

This matter is before the Court on review of plaintiffs pro se complaint and application to proceed informal pauperis The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 191 5A (requiring dismissal ofa prisoner’s complaint upon a determination that the complaint fails to state a claim upon which relief can be granted).

Plaintiffis a prisoner at the United States Penitentiary in Florence, Colorado. He sues the government for "false prosecution" and alleges that his convictions in the United States District Court for the District of Hawaii were obtained on fabricated evidence, false testimony, and coerced confessions. See Compl. at 6, 7, lO-27. Plaintiff demands a total of$l 10 million in damages. Ia'. at 30.

Since the success of this action would necessarily render plaintiffs convictions void, plaintiff cannot recover monetary damages without first showing that he has invalidated the convictions 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 ofa writ of habeas corpus." Heck v. Hrimphrey, 5l2 U.S. 477. 486-87 (1994). Plaintiff states that his "convictions are being appealed in the 9"‘ Circuit . . . for multiple violations of the Constitution." Compl. at 6. Hence, this case will be dismissed. A separate order accompanies

this l\/Iemorandum Opinion.

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, , / 41 ;/ q l}nited Stati§§ District Judge Date: April . , 2014 '

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