Hampton, Darryl v. State of Wisconsin

Filing 2

ORDER that Darryl Hampton may have until April 16, 2015, to inform thecourt whether he wishes to file a petition for a writ of habeas corpus under 28 U.S.C. § 2254 or a civil action for damages under 42 U.S.C. § 1983. Regardless which choic e Hampton makes, if he cannot pay the full filing fee, he should submit a trust fund account statement to allow the court to calculate Hampton's initial partial payment. If Hampton does not respond by April 16, 2015, I will direct the clerk of court to close the case without assessing a filing fee. Signed by District Judge Barbara B. Crabb on 3/25/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DARRYL D. HAMPTON,
ORDER
Plaintiff/Petitioner,
15-cv-183-bbc
v.
STATE OF WISCONSIN,
Defendant/Respondent.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Darryl Hampton has filed an untitled document in which he says that he was
convicted of crimes in state court in violation of the United States Constitution. He
describes what he says are a number of problems with the way that he was tried, such as
ineffective assistance of counsel and jury irregularities.

At the end of the document,

Hampton says that he wants “his liberty reinstated” and to be “compensated” for his “false[]
imprison[ment]” and “wrongful conviction.”
Hampton does not say in his pleading whether he intended to file a civil action under
42 U.S.C. § 1983 or a petition for a writ of habeas corpus under 28 U.S.C. § 2254.
Generally, challenges to a conviction are brought in the context of a habeas petition.
However, monetary compensation cannot be awarded under § 2254. That type of relief is
available in a § 1983 action, but only after the conviction has been invalidated through other
means, such as a petition for a writ of habeas corpus. Heck v. Humphrey, 512 U.S. 477

1

(1994).
I will give Hampton an opportunity to tell the court whether he wishes to file a
petition for a writ of habeas corpus under 28 U.S.C. § 2254 or a civil action under 42 U.S.C.
§ 1983. The court cannot make the choice for Hampton because each choice has different
consequences.
If Hampton wishes to file a § 1983 action, he will have to pay a $400 filing fee or
submit a trust fund account statement and a request to proceed in forma pauperis status
under 28 U.S.C. § 1915. If he seeks and is granted pauper status, he must pay a $350 filing
fee in installments, starting with an initial partial payment calculated from the trust fund
account statement covering the six-month period immediately preceding the filing of his
complaint, followed by monthly payments until the fee is paid in full. In addition, the court
will screen the complaint to determine whether it states a claim upon which relief may be
granted. If the court dismisses the complaint for failure to state a claim upon which relief
may be granted, the court must assess Hampton a "strike" under 28 U.S.C. § 1915(g). If the
court dismisses three civil cases for that reason, Hampton will not be entitled to proceed in
future cases unless he prepays the full filing fee or shows that he is in imminent danger of
serious physical injury.
If Hampton chooses to treat his filing as a habeas petition, he must pay a $5 filing fee
or submit a trust found account statement so that the court can determine the amount that
Hampton must prepay, using the same formula described above. After that, the court will
screen the petition to determine whether to require the government to respond. If the

2

petition is dismissed on the merits, Hampton will not be permitted to file a second petition
challenging the same conviction without first getting permission from the Court of Appeals
for the Seventh Circuit. 28 U.S.C. § 2244(b)(3); Burton v. Stewart, 549 U.S. 147, 153
(2007).

ORDER
IT IS ORDERED that Darryl Hampton may have until April 16, 2015, to inform the
court whether he wishes to file a petition for a writ of habeas corpus under 28 U.S.C. § 2254
or a civil action for damages under 42 U.S.C. § 1983. Regardless which choice Hampton
makes, if he cannot pay the full filing fee, he should submit a trust fund account statement
to allow the court to calculate Hampton’s initial partial payment. If Hampton does not
respond by April 16, 2015, I will direct the clerk of court to close the case without assessing
a filing fee.
Entered this 25th day of March, 2015.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

3