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Brown v. Connell

December 19, 2007

THURMAN BROWN, PLAINTIFF,
v.
SUSAN A. CONNELL, DEFENDANT.



The opinion of the court was delivered by: Thomas J. Mcavoy, Senior U.S. District Judge

DECISION and ORDER

The Clerk has sent to the Court a civil rights complaint, together with an application to proceed in forma pauperis, submitted for filing by plaintiff Thurman Brown, who is currently incarcerated at Oneida Correctional Facility. Dkt. Nos. 1, 2. Plaintiff has also filed a motion for injunctive relief. Dkt. No. 3. For the reasons stated below, plaintiff's complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2).

I. Background

In his pro se complaint, plaintiff alleges that he is being illegally detained at Oneida Correctional Facility because criminal charges against him were terminated. Dkt. No. 1. Plaintiff seeks earlier release from incarceration and monetary damages. Id. at 6.

II. Discussion

Turning to plaintiff's in forma pauperis application, the Court finds that plaintiff may properly commence this action in forma pauperis because plaintiff sets forth sufficient economic need. Dkt. No. 2.

The Court must now consider whether the case should be dismissed pursuant to 28 U.S.C. § 1915(e). Section 1915(e)(2) directs that when a plaintiff seeks to proceed in forma pauperis, the Court:

(2) [S]hall dismiss the case at any time if the court determines that -***

(B) the action ... (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2). Thus, even if a plaintiff meets the financial criteria to commence an action in forma pauperis, it is the Court's responsibility to determine that a complaint may properly be maintained in the District before it may permit the plaintiff to proceed with his or her action in forma pauperis. Id.

Plaintiff brought this action under 42 U.S.C. § 1983 ("Section 1983"). Section 1983 establishes a cause of action for "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws" of the United States. German v. Fed. Home Loan Mortg. Corp., 885 F.Supp. 537, 573 (S.D.N.Y. 1995) (citing Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983)) (footnote omitted); see also Myers v. Wollowitz, No. 95-CV-0272, 1995 WL 236245, *2 (N.D.N.Y. Apr. 10, 1995) (McAvoy, C.J.) (Section 1983 "is the vehicle by which individuals may seek redress for alleged violations of their constitutional rights.").

A. Earlier Release from Incarceration

To the extent that plaintiff seeks to alter the fact or duration of his custody, he is advised that such relief may only be obtained by way of a habeas corpus petition brought pursuant to 28 U.S.C. § 2254. See id.; Preiser v. Rodriguez, 411 U.S. 475, 490 (1973) ("[c]ongress has determined that habeas corpus is the appropriate remedy for state prisoners attacking the validity" of their underlying criminal conviction); see also Channer v. Mitchell, 43 F.3d 786, 787 (2d Cir. 1994) ("habeas corpus -- not a ยง 1983 action ...


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