FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA MAR 10 2011
Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
)
HECTOR ERNESTO HERNANDEZ, )
)
Plaintiff, )
)
v. ) Civil Action No. 11 ."I,51{)
' t.
)
ERIC HOLDER, )
United States Attorney General, )
)
Defendant. )
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MEMORANDUM OPINION
This matter is before the Court on plaintiff s application to proceed in forma pauperis
and pro se complaint. The application will be granted, and the complaint will be dismissed.
Plaintiff alleges that he "was falsely arrest [ed] by the border patrol" on July 18,2009, and
that he remains in custody "because of perjured testimony given by the agents." Compl. at 5. He
further alleges that "[a]t no time during [his] arrest [were his] Miranda rights read to [him]," in
violation of his constitutional rights. Id. He demands "actual compensate [sic] for false
imprisonment and mental and emotional stress [i]n the amount of 3 million dollars." Id.
Because plaintiffs claims go to the fact of his incarceration, he cannot recover damages
in this civil rights action without showing that his confinement has been invalidated by
"revers[al] on direct appeal, expunge[ment] by executive order, declar[ation of invalidity] by a
state tribunal authorized to make such determination, or ... a federal court's issuance of a writ of
habeas corpus." Heckv. Humphrey, 512 U.S. 477, 486-87 (1994); accord White v. Bowie, 194
F.3d 175 (D.C. Cir. 1999) (table). Plaintiff has not satisfied this prerequisite.
N :5
This action will be dismissed under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1)
because the complaint fails to state a claim upon which relief can granted. An Order is issued
separately.