Whitaker v. NRVRJ et al
Filing
9
MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 01/15/2013. (kab)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BRANDY ALLEN WHITAKER,
Plaintiff,
v.
NRVRJ, et al.,
Defendant.
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Civil Action No. 7:13-cv-00010
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge
Brandy Allen Whitaker, a Virginia inmate proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983, challenging the calculation of his sentence. Whitaker alleges that
the Virginia Department of Corrections and the New River Valley Regional Jail have
miscalculated the length of his sentence by four days and seeks credit for this time toward his
sentence. I find that Whitaker’s claim is not cognizable in a § 1983 action and, therefore, I will
dismiss this action.
“When a state prisoner is challenging the very fact or duration of his physical
imprisonment, and the relief he seeks is a determination that he is entitled to immediate release
or a speedier release from that imprisonment, his sole federal remedy is a writ of habeas corpus.”
Preiser v. Rodriguez, 411 U.S. 475, 500 (1973), see generally, Wilkinson v. Dotson, 544 U.S. 74,
78-82 (2005) (summarizing the distinctions between § 1983 and habeas actions). Because
Whitaker only challenges the calculation of his sentence and only seeks credit toward his
sentence, I find that his claim is not cognizable in a § 1983 action. Accordingly, I will dismiss
this action for failing to state a claim pursuant to 28 U.S.C. § 1915A(b)(1).
ENTER: This 15th day of January, 2013.
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