Ndoromo v. Holder

• Court: District Court, District of Columbia
• Decided: March 16, 2009
• Docket: Civil Action No. 2009-0503
• Status: Published

Opinion

FILED UNITED STATES DISTRICT COURT MAR 1 6 2009 FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHITTINGTON, CLERK U.S. DISTRICT eOURI' AKUBE W. NDOROMO, ) ) Plaintiff, ) ) v. ) Civil Action No. 09 0503 ) ERIC HOLDER, Attorney General, et aI., ) ) Defendants. )

MEMORANDUM OPINION

This matter is before the Court on consideration of plaintiff s application to proceed in

forma pauperis and pro se complaint. The Court will grant the application, and dismiss the

complaint.

Plaintiff alleges that this Court and the United States Department of Justice "conspire[ d]

to enslave[]" him. CompI. at 6 (page numbers designated by the Court). This so-called

enslavement comes about, apparently, upon plaintiffs criminal conviction in this Court and

subsequent transfer to the custody of the Federal Bureau of Prisons. He brings this civil rights

action under 42 U.S.C. § 1983, presumably alleging a violation of the Thirteenth Amendment to

the United States Constitution, and demands, among other things, his "Immediate Release from

Slavery." Id.

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the

party shall have been duly convicted, shall exist within the United States, or any place subject to

their jurisdiction." u.s. CONST. amend. XIII, § 1 (emphasis added). The Thirteenth

Amendment, then, "has an express exception for persons imprisoned pursuant to conviction for

\~, crime." Pischke v. LUscher, 178 F.3d 497,500 (7th Cir. 1999); see also Tracy v. Keating, 42

Fed. Appx. 113 (10th Cir. 2002); Ali v. Johnson, 259 F.3d 317,318 (5th Cir.2001); Draper v.

Rhay, 315 F.2d 193, 197 (9th Cir. 1963). The Court will dismiss this action under 28 U.S.c.

§1915A(b)(1) because the complaint fails to state a claim upon which relief can be granted. l An

Order consistent with this Memorandum Opinion will be issued separately on this same date.

i Date: ";Nj (0 I 200 7

The Court notes that plaintiff submitted separately a petition for a writ of habeas corpus on the same day as he submitted the instant Complaint. Plaintiffs challenges to his conviction or sentence, as well as his demands for immediate release from custody, are appropriately addressed in a habeas action.