Cook v. Chief U.S. Marshal, et al.
Order denying Plaintiff's 16 Motion to strike and review this Court's 12 Dismissal Entry. As this Court previously noted, Plaintiff's argument cannot survive legal scrutiny. Accordingly, the motion is denied and the matter remains closed. Judge John R. Adams on 01/10/2017.(M,TL)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-vsCHIEF U.S. MARSHAL, et al.,
) CASE NO. 4:16CV1529
) JUDGE JOHN R. ADAMS
Pending before the Court is Plaintiff Alex Cook’s motion to strike and review this
Court’s dismissal entry. Doc. 16. The motion is DENIED.
On August 1, 2016, this Court dismissed Cook’s complaint without prejudice. In so
doing, the Court noted that Cook was challenging the calculation of his sentence and could not
do so without filing a habeas corpus petition. In response now, Cook contends that he is not
seeking an alteration of his sentence. Cook claims that he is exclusively seeking monetary
damages. This Court previously noted in its dismissal: “Plaintiff cannot avoid the ruling in
Prieser by seeking monetary damages instead of a reduction in his sentence. Heck v. Humphrey,
512 U.S. 477, 486 (1994). When a judgment in favor of a Plaintiff in a civil rights action would
necessarily imply the invalidity of his conviction or sentence, the Complaint must be dismissed
unless the Plaintiff can demonstrate that the conviction or sentence has already been invalidated
on direct appeal or by a federal habeas corpus action. Id.” Doc. 12 at 3. The current motion
simply reiterates the same argument resolved by Heck and its progeny. As this Court previously
noted, Cook’s argument cannot survive legal scrutiny. Accordingly, the motion is DENIED.
This matter remains closed.
IT IS SO ORDERED.
Dated: January 10, 2017
/s/ John R. Adams_______________
JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE
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