Robinson v. Montgomery County District 1 Courts et al

Filing 4

ORDER TRANSFERRING REFERENCE- Plaintiffs Complaint essentially seeks relief in the form of a writ of habeas corpus because, rather than pursuing money damages, he asks for an immediate or speedier release from his present confinement and from his sen tence to post-release control. This case is therefore TRANSFERRED from Magistrate Judge Sharon L. Ovingtons docket to the docket Magistrate Judge Michael R. Merz. Magistrate Judge Michael R. Merz added. Magistrate Judge Sharon L. Ovington no longer assigned to case. Signed by Magistrate Judge Sharon L. Ovington on 12/7/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DAVID ROBINSON,

:
:
Plaintiff,
:
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vs.
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MONTGOMERY COUNTY DISTRICT :
1 COURTS, et al.,
:
:
Defendants.
:

Case No. 3:17cv00403

District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

ORDER TRANSFERRING REFERENCE

Plaintiff David Robinson is an inmate at the London, Ohio Correctional Institution.
He brings this case pro se and in forma pauperis. He alleges that he has done all his
“stated terms” and served all of his sentence. See Doc. #1, PageID #2 (“I did all of my
time.”). He asks the Court to vacate his sentence to post-release control. He specifies, “I
am not filing a money lawsuit, I am filing to be released from this post-release control from
or through the Ohio Adult Parole Authority.” Id. at 3.
“[H]abeas corpus is the exclusive remedy for a state prisoner who challenges the
fact or duration of his confinement and seeks immediate or speedier release, even though
such a claim may come within the literal terms of [42 U.S.C.] § 1983.” Heck v.
Humphrey, 512 U.S. 477, 481 (1994) (discussing Preiser v. Rodriguez, 411 U.S. 475,
488-90 (1973)). Plaintiff’s Complaint essentially seeks relief in the form of a writ of
habeas corpus because, rather than pursuing money damages, he asks for an immediate or

speedier release from his present confinement and from his sentence to post-release
control. This case is therefore TRANSFERRED from Magistrate Judge Sharon L.
Ovington’s docket to the docket Magistrate Judge Michael R. Merz.

December 7, 2017

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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