Hill v. Middlebrooks

• Court: District Court, District of Columbia
• Decided: March 2, 2010
• Docket: Civil Action No. 2010-0329
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FILED Eric Rodney Hill, ) MAR ~ 'I. L~i~ ) Clerk, U.S. District ana Petitioner, ) Bankruptcy Courts ) ) Civil Action No. v. ) 10 0329 Scott A. Middlebrooks, ) ) Respondent. )

MEMORANDUM OPINION

This action, brought pro se, is before the Court on the petition for a writ of habeas

corpus, accompanied by an application to proceed in forma pauperis. The Court will grant the

application to proceed in forma pauperis and will dismiss the case for lack of jurisdiction.

Petitioner is a prisoner at the United States Penitentiary in Coleman, Florida. He

challenges a judgment of conviction entered by the Superior Court of the District of Columbia,

claiming that he was denied a fair trial. Petitioner has brought this same action multiple times

and each case has been dismissed on the ground that challenges to a Superior Court judgment of

conviction must be pursued in that court under D.C. Code § 23-110. See Hill v. Middlebrooks,

Civ. Action Nos. 08-1682, 08-2148, 09-143, 09-550. For the reasons stated in those cases, the

Court finds again that it lacks jurisdiction and will dismiss this case with prejudice. 1 A separate

Order of dismissal accompanies this Memorandum Opinion.

Date: February 1'1 ,2010

1 Petitioner has also filed civil complaints based on the same facts supporting his habeas

petitions, which were dismissed because he cannot recover monetary damages without first invalidating his conviction via a habeas writ or some other official action. See Hill v. Superior Court of the District of Columbia, Civ. Action No. 08-563 (D.D.C., Mar. 31, 2008) (applying Heck v. Humphrey, 512 U.S. 477 (1994»; Hill v. District of Columbia, Civ. Action No. 08-2241 (D.D.C., Dec. 30, 2008) (same). Petitioner is warned that his persistence in refiling the same action could result in a finding that he has abused the writ and an injunction limiting his

N ability to file new civil actions, including petitions for a writ of habeas corpus.