WISEMAN v. UNITED STATES OF AMERICA

Filing 5

MEMORANDUM OPINION dismissing case. Signed by Judge Henry H. Kennedy, Jr. on July 19, 2011. (lchhk3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

KEVIN TRACY WISEMAN,
Plaintiff,
v.
UNITED STATES OF AMERICA,

Civil Action 10-01340 (HHK)

Defendant.
MEMORANDUM OPINION
Kevin Tracy Wiseman brings this action against the United States, seeking the vacatur of
a 2007 criminal judgment pursuant to which he is currently incarcerated. See United States v.
Wiseman, Crim. No. 06-00007 (E.D. Tex. Mar. 1, 2007) (judgment). Wiseman contends that the
Court that sentenced him lacked subject-matter jurisdiction to do so. This Court, however, lacks
subject-matter jurisdiction to hear this case; therefore, it will be dismissed.
A federal prisoner who, like Wiseman, “claim[s] the right to be released upon the ground
that . . . the court was without jurisdiction to impose [his] sentence” can obtain relief only
through a motion filed with the sentencing court pursuant to 28 U.S.C. § 2255. See id.; Hughley
v. Dewalt, 2004 WL 1749188, at *1 (D.C. Cir. Aug. 4, 2004) (per curiam); Nailor v. United
States, 2004 WL 1078133, *1 (D.C. Cir. May 13, 2004) (per curiam). That is true even where
the prisoner’s suit is, like this one, styled as an “independent action” brought under Federal Rule
of Civil Procedure 60(b)(4). See Joseph v. United States, 2008 WL 3978061, at *1 (D.D.C. Aug.
27, 2008). Because Wiseman challenges the validity of his sentence, and provides no basis for
finding that his remedy under § 2255 is “inadequate or ineffective,” see 28 U.S.C. § 2255(e), the

Court lacks jurisdiction to hear his case, and must dismiss it. See Joseph, 2008 WL 3978061, at
*1; Espino-Rangel v. United States, 2008 WL 1844150, at *1 (D.D.C. Apr. 22, 2008). An
appropriate order accompanies this memorandum opinion.

Henry H. Kennedy, Jr.
United States District Judge

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