Thurston v. Obama

• Court: District Court, District of Columbia
• Decided: May 17, 2010
• Docket: Civil Action No. 2010-0798
• Status: Published

Opinion

FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MAY 1 7 2010 Clerk, U.S. District & Bankruptcy Courts tor the District of Columbia

NATHANIEL SMITH THURSTON, JR., ) ) Plaintiff, ) ) v. ) ) Civil Action No. 10 0798 BARACK HUSSEIN OBAMA, et al., ) ) Defendants. )

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 brings this action under 42 U.S.c. § 1983, and alleges that he has been convicted

and sentenced as a result of a vast conspiracy among federal judges and assorted federal

government agencies designed to deprive plaintiff of rights protected under the First, Fifth, Sixth

and Eighth Amendments to the United States Constitution. In addition to demanding an

investigation of the allegedly corrupt judicial system, plaintiff demands monetary damages

totalling $204,002,000.

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

this civil rights action under 42 U.S.c. § 1983 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 ofa 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

/

/~ .3 and therefore fails to state a claim upon which relief can granted. This action will be dismissed

under 28 U.S.c. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1). An Order is issued separately.

United States District Judge