WILLIAMS v. SERVER et al
Entry and Order Directing Dismissal of Action - This action must be dismissed pursuant to 28 U.S.C. § 1915A(b), and judgment consistent with this Entry shall now issue. The dismissal shall be without prejudice. (See Entry.) Copy to plaintif via US Mail. Signed by Judge Jane Magnus-Stinson on 11/6/2012.(RSF)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GREGORY D. SERVER, et al.,
Entry and Order Directing Dismissal of Action
Plaintiff Martazz D. Williams is an inmate at the Putnamville Correctional
Facility. Williams alleges that the defendants, members of the Indiana Parole
Board, denied him due process and as a result he has been wrongfully incarcerated
on a parole hold since November 18, 2010. He seeks money damages for his alleged
Williams could not prevail in this action without achieving a judicial
declaration that his continued custody is unlawful. Habeas is the exclusive remedy
available to federal prisoners whose claims would have at least a “probabilistic
impact” upon the duration of their custody. See Heck v. Humphrey, 512 U.S. 477,
487 (1994) (42 U.S.C. § 1983 claim is not cognizable when “a judgment in favor of
the plaintiff would necessarily imply the invalidity of his conviction or sentence . . .
unless the plaintiff can demonstrate that the conviction or sentence has already
been invalidated.”); Bourke v. Hawk-Sawyer, 269 F.3d 1072, 1074 (D.C.Cir. 2001).
In addition, Williams’ civil rights complaint cannot be converted by judicial fiat into
an action for a writ of habeas corpus. Moore v. Pemberton, 110 F.3d 22 (7th Cir.
1997); Copus v. City of Edgerton, 96 F.3d 1038 (7th Cir. 1996).
A party may plead himself out of court by pleading facts that show he has no
legal claim. Atkins v. City of Chicago, 631 F.3d 823, 832 (7th Cir. 2011). For the
reasons explained above, that is the case here. Accordingly, this action must be
dismissed pursuant to 28 U.S.C. § 1915A(b), and judgment consistent with this
Entry shall now issue. The dismissal shall be without prejudice.
IT IS SO ORDERED.
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
PUTNAMVILLE CORRECTIONAL FACILITY
1946 West U.S. Hwy 40
Greencastle, IN 46135
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