Franklin v. Thaler et al

Filing 4

ORDER OF DISMISSAL for failure to state a claim. Plaintiff's 2 MOTION/APPLICATION to Proceed In Forma Pauperis is GRANTED. All other motions DENIED AS MOOT. Case terminated on 11/17/2009.(Signed by Judge Gray H. Miller) Parties notified.(gseidl)

IN THE UNITED STATES DISTRICT COURT F O R THE SOUTHERN DISTRICT OF TEXAS H O U S T O N DIVISION A DOLPH FRANKLIN, JR., P l a i n t i ff , v. V ERNON PITTMAN, ET AL., D e fe n d a n ts . § § § § § § § § §

C IVIL ACTION NO. H-09-3571

ORDER OF DISMISSAL
P la in tif f , a state inmate proceeding pro se, files this section 1983 complaint asserting th a t prison officer R.E. Garrett used excess force against him, causing him neck, face, and jaw pain. He complains that other officers did nothing to stop the assault, and that a d is c ip lin a ry hearing officer unfairly found him guilty of a disciplinary infraction for a s s a u ltin g Garrett. Plaintiff requests $5 million in compensatory damages. A n a lys is T h e Court's records reveal that plaintiff filed a section 2254 habeas petition seeking to set aside the disciplinary conviction he received for assaulting officer R.E. Garrett in the e v e n ts made the basis of this lawsuit. Franklin v. Thaler, C.A. No. H-09-cv-2433 (S.D. T e x .). The petition remains pending. A state prisoner's claim for damages is not cognizable u n d e r section 1983 if "a judgment in favor of the plaintiff would necessarily imply the in v a lid ity of his conviction or sentence," unless the prisoner can demonstrate that the c o n v ic tio n or sentence has previously been invalidated. Heck v. Humphrey, 512 U.S. 477,

4 8 7 (1994). The Heck doctrine applies to a state inmate's section 1983 claim for damages a n d declaratory relief which challenges the validity of a prison disciplinary conviction. E d w a r d s v. Balisok, 520 U.S. 641 (1997). A judgment in favor of plaintiff in the instant case w o u ld necessarily imply the invalidity of his disciplinary conviction for assaulting Garrett. T h is civil rights lawsuit seeking monetary compensation is barred under Balisok until and u n le ss plaintiff's underlying disciplinary conviction is set aside or otherwise invalidated. A c c o rd in g ly, it must be dismissed with prejudice for failure to state a claim on which relief m a y be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). Conclusion T h is case is DISMISSED for failure to state a claim. Plaintiff's application to proceed in forma pauperis (Docket Entry No. 2) is GRANTED. All other motions are DENIED AS M OO T. T h e Clerk will provide a copy of this Order to the parties, to the TDCJ Office of the G en era l Counsel, Capitol Station, P.O. Box 13084, Austin, Texas 78711, and to the Clerk o f the United States District Court for the Eastern District of Texas, Tyler Division, 211 West F erg u so n , Tyler, Texas, 75702, Attention: Inmate Three-Strike List Manager. S ig n e d at Houston, Texas, on November 17, 2009.

Gray H. Miller U n ite d States District Judge 2