# ~I / Rufus Wayne Hopkins, Plaintiff,
v. UNITED STATES DISTRICT COURT FORTHE DISTRICT OF COLUMBIA

Civil Action No. United States Department ofJustice, Eric Holder Jr., ) ) ) ) ) ) ) ) ) ) Defendants.

MEMORANDUM OPINION 

# FILED JUN - 42010 Clerk, U.S. District &Bankruptcy Courts for the District of Columbia 

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This matter is before the Court on review ofplaintiffspro se complaint and application to proceed informapauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.c. § 1915A (requiring dismissal ofa prisoner's action upon a determination that the complaint, among other grounds, fails to state a claim upon whichrelief
can be granted). Plaintiffis a federal prisoner at the United States Penitentiary Big Sandy in Inez, Kentucky, challenging what is presumed to be ajudgmentofconviction. Plaintiffclaims that defendants "lacked probable cause because the statute oflimitations expired in my criminal case [and that he has] been maliciouslyprosecuted." CompI. at 7 (page number supplied). He seeks monetary damages of$50 million and "an absolute vacating ofthe indictment for want ofstatute oflimitation." Id. A challenge to a federal conviction or sentence must be presented to the sentencing court by motion filed pursuant to 28 U.S.C. § 2255. See Taylor v. Us. Bd. of Parole, 194 F.2d 882, 883 (D.C. Cir. 1952) (stating that a motion under § 2255 is the propervehicle for challenging theconstitutionality ofa statute under which a defendant is convicted); Ojo v. INS., 106 F.3d 680, 683 (5th Cir. 1997) (explaining that the sentencing court is the only court withjurisdictionto hear
a defendant's complaint regarding errors that occurred before or during sentencing); LoBue v. Christopher, 82 F.3d 1081, 1082-84 (D.C. Cir. 1996) (determining that the district court lacked subject matterjurisdiction over a declaratoryjudgment action because the remedy of habeas corpus was available in the location ofthe plaintiffs' custodian); Williams v. Hill, 74 F.3d 1339, 1340 (D.C. Cir. 1996) (stating that "it is well-settled that a [person] seeking relieffrom his conviction or sentence may not bring [] an action" for injunctive and declaratory reliefbecause he has an availableremedy in habeas) (citations omitted). Section 2255 states that: [a] prisoner in custody under sentence ofa court established by Act ofCongress claiming the right to be released upon the ground that the sentence was imposed in violation ofthe Constitution or laws ofthe United States
... or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. 28 U.S.C. § 2255(a). Moreover, [a]n application for a writ ofhabeas corpus in behalfofa prisoner who is authorized to apply for reliefby motion pursuantto [28 U.S.C. § 2255], shall not be entertained ifit appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, orthat such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality ofhis detention. 28 U.S.C. 

### § 2255(e). Plaintiffdoes not identify the criminal case, but a search ofthis Court's criminal dockets failed to locate such a case here. Itappears, then, that this Court lacks jurisdiction over plaintiffs claim for injunctive relief. Because ajudgment ofconviction based on an untimely indictmentwould necessarily void the conviction, plaintiffcannot recover monetary damages without first showing that he has

2invalidated the conviction by "revers[al] on direct appeal, expunge[ment] by executive order, declar[ation ofinvalidity] by a state tribunal authorized to make such determination, or ... a federal court's issuance ofawrit ofhabeas corpus." Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). Plaintiffhas made no such showing. He therefore has failed to state a claim upon which monetary reliefcan be granted. A separate Order ofdismissal accompanies this Memorandum Opinion. 

# ilL**(S;;~** United States District Judge Date: May

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