Willis v. Kirby et al (INMATE1)

Filing 4

REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Brent Willis, that this case be dismissed without prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii). Objections to R&R due by 12/27/2005. Signed by Judge Charles S. Coody on 12/13/2005. (dmn)

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Willis v. Kirby et al (INMATE1) Doc. 4 Case 3:05-cv-01161-MEF-CSC Document 4 Filed 12/13/2005 Page 1 of 5 IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION B R E N T WILLIS, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) C I V I L ACTION NO. 3:05-CV-1161-F [WO] E L A IN E KIRBY, et al., Defendants. R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE In this 42 U.S.C. § 1983 action, Brent Willis ["Willis"] challenges the constitutionality o f his incarceration in the Opelika City Jail. Willis seeks monetary damages and the te rm in a tio n of his sentence. After a thorough review of the complaint, the court concludes that dismissal of this ca se prior to service of process is proper under 28 U.S.C. § 1915(e)(2)(B)(ii).1 FACTS O n October 10, 2005, a state court sentenced Willis to 215 days imprisonment. Willis c o m p la in s that he is "stuck with these days" despite his appeal. Plaintiff's Complaint at 2. A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint screened in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires the court to dismiss a prisoner's civil action prior to service of process if it determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). 1 Dockets.Justia.com Case 3:05-cv-01161-MEF-CSC Document 4 Filed 12/13/2005 Page 2 of 5 H e asserts that the defendants have "tamper[ed] with due process" as they have "yet to a b a n d o n [] the prosecution, discharge me and terminate the bond." Id. DISCUSSION W illis complains that his incarceration in the Opelika City Jail pursuant to the s e n te n c e imposed upon him on October 10, 2005 is illegal. This claim goes to the f u n d a m e n ta l legality of the plaintiff's confinement, and, consequently, provides no basis for re lie f at this time pursuant to § 1983. Edwards v. Balisok, 520 U.S. 641, 646 (1997); Heck v . Humphrey, 512 U.S. 477 (1994); Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). In Heck, the Supreme Court held that a claim for damages challenging the legality of a prisoner's conviction or confinement is not cognizable in a 42 U.S.C. § 1983 action "unless a n d until the [order requiring such confinement] is reversed, expunged, invalidated, or im p u g n e d by the grant of a writ of habeas corpus" and complaints containing such claims m u s t therefore be dismissed. 512 U.S. at 483-489. The Court emphasized that "habeas c o rp u s is the exclusive remedy for a [confined individual] who challenges the fact or duration o f his confinement and seeks immediate or speedier release, even though such a claim may co m e within the literal terms of § 1983" and, based on the foregoing, concluded that Heck's c o m p la in t was due to be dismissed as no cause of action existed under section 1983. 512 U .S . at 481. In so doing, the Court rejected the lower court's reasoning that a section 1983 a c tio n should be construed as a habeas corpus action. 2 Case 3:05-cv-01161-MEF-CSC Document 4 Filed 12/13/2005 Page 3 of 5 In Balisok, the Court further concluded that an inmate's "claim[s] for declaratory [and in ju n c tiv e ] relief and money damages, . . . that necessarily imply the invalidity of the p u n ish m e n t imposed, is not cognizable under § 1983 . . ." unless the inmate can demonstrate th a t the challenged action has previously been invalidated. 520 U.S. at 648. Moreover, the C o u r t determined that this is true not only when a prisoner challenges the judgment as a s u b s ta n tiv e matter but also when "the nature of the challenge to the procedures could be such a s necessarily to imply the invalidity of the judgment." Id. at 645. The Court reiterated the p o s itio n taken in Heck that the "sole remedy in federal court" for a prisoner challenging the c o n s titu tio n a lity of his confinement is a petition for writ of habeas corpus. Balisok, 520 U.S. a t 645. Additionally, the Court "reemphasize[d] . . . that a claim either is cognizable under § 1983 and should immediately go forward, or is not cognizable and should be dismissed." Id . at 649. The instant complaint challenges the constitutionality of a sentence imposed upon W illis on October 10, 2005 by a court located in Lee County, Alabama. A judgment in favor o f Willis in this cause of action would necessarily imply the invalidity of this sentence and h is confinement pursuant to this sentence. It is clear from the complaint that the sentence a b o u t which Willis complains has not been invalidated in an appropriate proceeding. C o n se q u e n tly, the instant collateral attack on the plaintiff's confinement in the Opelika City J a il is prohibited as habeas corpus is the exclusive remedy for an inmate who challenges the 3 Case 3:05-cv-01161-MEF-CSC Document 4 Filed 12/13/2005 Page 4 of 5 v a lid ity of the fact or duration of his confinement. Balisok, 520 U.S. at 645; Heck, 512 U.S. a t 481; Preiser v. Rodriguez, 411 U.S. 475, 488-490 (1973). Such attack is therefore subject to summary dismissal by this court in accordance with the provisions of 28 U.S.C. § 1 9 1 5 (e )( 2 )( B )( ii) . CONCLUSION A c c o r d in g ly, it is the RECOMMENDATION of the Magistrate Judge that this case b e dismissed without prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). It is further ORDERED that on or before December 27, 2005 the parties may file objections to this R e c o m m e n d a tio n . Any objections filed must clearly identify the findings in the Magistrate J u d g e 's Recommendation to which the party is objecting. Frivolous, conclusive or general o b jec tio n s will not be considered by the District Court. The parties are advised that this R e c o m m e n d a tio n is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and advisements in the M a g is tra te Judge's Recommendation shall bar the party from a de novo determination by the D is tric t Court of issues covered in the Recommendation and shall bar the party from a tt a c k i n g on appeal factual findings in the Recommendation accepted or adopted by the D is tric t Court except upon grounds of plain error or manifest injustice. Nettles v. W a in w r ig h t, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 4 Case 3:05-cv-01161-MEF-CSC Document 4 Filed 12/13/2005 Page 5 of 5 3 3 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en b a n c ), adopting as binding precedent all decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. D o n e this 13 th day of December, 2005. /s/Charles S. Coody CHARLES S. COODY C H IE F UNITED STATES MAGISTRATE JUDGE 5

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