Miles v. Hall et al

Filing 8

MEMORANDUM OPINION. Signed by Judge Paula Xinis on 3/7/2025. (c/m to P on 3/7/2025 heps, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
KELVIN J. MILES,

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Plaintiff,

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v.

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FRANK HALL,
Maryland Secretary of Public Safety, et al.,

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Defendants.

Civil Action No. PX-23-3221

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MEMORANDUM OPINION

Plaintiff, Kelvin J. Miles, has sued Maryland Secretary of Public Safety, Frank Hall, the
Maryland Parole Commission, and Commissioner of Corrections, Richard L. Lonhom, Sr. for
wrongful imprisonment. ECF No. 1. Miles was directed to file an Amended Complaint which the
Court now reviews. ECF Nos. 5, 6.
The Amended Complaint seeks damages allegedly arising from Miles’ previous Maryland
criminal convictions dating back to 1979 and 1980. See generally, ECF No. 6. As of June 2009,
Miles had filed approximately twenty six unsuccessful federal habeas corpus petitions pertaining
to these same convictions. See Miles v. Ivory, PJM-09-1606, ECF No. 2 at 1 n.1. Miles has also
previously been advised that he was precluded from seeking damages as to those matters because
he could not demonstrate that the criminal convictions had been vacated or overturned. Id. (citing
Heck v. Humphrey, 512 U. S. 477, 486-87 (1994)). Miles filed another unsuccessful federal habeas
petition challenging these same convictions in 2021. See Miles v. Khallis, CCB-21-0253. Last, in
July 2023, Miles was again advised that he could not challenge the legality of prior criminal
convictions in a civil action for damages where a favorable judgment would imply the invalidity
of that conviction. See Miles v. U.S. Attorney General, PX-23-0434, ECF No. 1 (citing Heck, 512

U.S. at 486-87; Owens v. Baltimore City State’s Attorney’s Office, 767 F.3d 379, 391 (4th Cir.
2014)).
As repeatedly advised, Miles claims for damages may not proceed because they pertain to
the same Maryland criminal convictions that he has failed to vacate or overturn. The Amended
Complaint will be dismissed without prejudice.
A separate Order follows.
3/7/25
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Date

/S/
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Paula Xinis
United States District Judge

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