Higginbottom v. Enlow et al

Filing 2

Memorandum Opinion and Order dismissing this matter. An appeal from this decision could not be taken in good faith. Judge John R. Adams on 9/13/16. (K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
RONALD L. HIGGINBOTTOM, II,
Plaintiff,
v.
JOHN A. ENLOW, Judge, et al.,
Defendants.

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CASE NO. 5:16 CV 1933
JUDGE JOHN R. ADAMS
MEMORANDUM OF OPINION
AND ORDER

On August 1, 2016, Plaintiff pro se Ronald L. Higginbottom, II, an inmate at the
Mansfield Correctional Institution, filed this action against Portage County Common Pleas Judge
John A. Enlow, and Portage County Prosecutor Vigluicci. Plaintiff’s brief Complaint challenges
his criminal conviction on the ground of “misapplication of statute, indictment.” He seeks
release from incarceration and damages.
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). Further, Defendants are absolutely immune from liability

for actions taken within the scope of their official duties - see, e.g., Pierson v. Ray, 387 U.S. 547
(1967) (judges), Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutors) - and there is no
suggestion in the Complaint that Defendants acted outside the scope of those duties.
Accordingly, this action is dismissed 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.

Date: September 13, 2016

/s/ John R. Adams
JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE

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