Taylor v. Pfeifer
Filing
3
Memorandum of Opinion and Order. This action is dismissed without prejudice under section 1915A. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Christopher A. Boyko on 10/30/2012. (H,CM)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
JACKIE TAYLOR,
Plaintiff,
v.
PAUL E. PFEIFER, Chief Justice,
Defendants.
)
)
)
)
)
)
)
)
)
CASE NO. 1:12 CV 1715
JUDGE CHRISTOPHER A. BOYKO
MEMORANDUM OF OPINION
AND ORDER
On July 3, 2012, Plaintiff pro se Jackie Taylor, an inmate at the Mansfield Correctional
Institution, filed this action against Ohio Supreme Court Justice Paul E. Pfeifer. Plaintiff alleges he
was convicted on multiple felony counts in the Summit County Court of Common Pleas in June
2010. He asserts these convictions are invalid because the trial court lacked jurisdiction, and seeks
an injunction dismissing all charges. For the reasons stated below, this action is dismissed pursuant
to 28 U.S.C. § 1915A.
A district court is expressly required to dismiss any civil action filed by a prisoner seeking
relief from a governmental officer or entity, as soon as possible after docketing, if the court
concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff
seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915A; Siller
v. Dean, No. 99-5323, 2000 WL 145167 , at *2 (6th Cir. Feb. 1, 2000)
The Supreme Court has held that, when a prisoner challenges "the very fact or duration of
his physical imprisonment, ... his sole federal remedy is a writ of habeas corpus." Preiser v.
Rodriguez, 411 U.S. 475, 501 (1973). Accordingly, this action is dismissed without prejudice under
section 1915A. Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from
this decision could not be taken in good faith.
IT IS SO ORDERED.
s/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE
DATED:
October 30, 2012
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?