Robinson v. Andrews et al

Filing 216

OPINION and ORDER Denying Plaintiff's 215 Motion for Immediate Release. Signed by District Judge Linda V. Parker. (RLou)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER ROBINSON, Plaintiff, Civil Case No. 14-11987 Honorable Linda V. Parker v. STEPHEN ANDREWS, et al., Defendants. ________________________________/ OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR IMMEDIATE RELEASE On May 9, 2014, Plaintiff commenced this civil rights action against thirty-two defendants pursuant to 42 U.S.C. § 1983. The case has proceeded to a final judgment in favor of Defendants and against Plaintiff, with the Judgment entered on August 14, 2017. Pending before the Court is Plaintiff’s “Motion for Immediate Release” in which he appears to be challenging his continued custody in the Michigan Department of Corrections pursuant to state court convictions. (ECF No. 215.) Plaintiff’s request for relief is more appropriately brought as a separate habeas corpus action.1 See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973) (holding that, when state prisoners are challenging the very fact or duration of their physical Plaintiff has filed several federal habeas corpus petitions in this District. It is unclear to the Court whether any of those petitions addressed the convictions resulting in the confinement challenged in his pending motion. 1 imprisonment, and the relief they seek is a determination that they are entitled to immediate release or a speedier release from that imprisonment, their sole federal remedy is a writ of habeas corpus). Accordingly, IT IS ORDERED that Plaintiff’s Motion for Immediate Release (ECF No. 215) is DENIED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: September 13, 2017 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, September 13, 2017, by electronic and/or U.S. First Class mail. s/ R. Loury Case Manager 2

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