Hernandez v. Holder

Opinion

FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MAR 10 2011 Clerk, U.S. District & Bankruptcy Courts for the District of Columbia ) HECTOR ERNESTO HERNANDEZ, ) ) Plaintiff, ) ) v. ) Civil Action No. 11 ."I,51{) ' t. ) ERIC HOLDER, ) United States Attorney General, ) ) Defendant. ) --------------------------)

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 alleges that he "was falsely arrest [ed] by the border patrol" on July 18,2009, and

that he remains in custody "because of perjured testimony given by the agents." Compl. at 5. He

further alleges that "[a]t no time during [his] arrest [were his] Miranda rights read to [him]," in

violation of his constitutional rights. Id. He demands "actual compensate [sic] for false

imprisonment and mental and emotional stress [i]n the amount of 3 million dollars." Id.

Because plaintiffs claims go to the fact of his incarceration, he cannot recover damages

in this civil rights action 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." Heckv. 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.

N :5 This action will be dismissed under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1)

because the complaint fails to state a claim upon which relief can granted. An Order is issued

separately.