UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUl\/IBIA

Morris B. Fahnbulleh, )
)
Pl"“““ff’ § case; 1;16-<;\/-01608 (F-Deck)
) Assigned To : Unassigned
V' ) Assagn. bare ; :3/8/2016
Loretta Lynch et al ) Description: Pro Se Gen. Civi|
)
Defendants. )
MEMORANDUM OPINION

Plaintiff, a federal prisoner proceeding pro se, has submitted a Complaint for equitable
relief and an application to proceed in forma pauperis The application will be granted and the
complaint will be dismissed pursuant to 28 U.S.C. § l9l5A (requiring dismissal of a prisoner’s
case upon a determination that the complaint fails to state a claim upon which relief may be
granted).

Plaintiff sues U.S. Attorney General Loretta Lynch, U.S. District Judge Reggie B.
Walton, who presided over his criminal case in this Court, and various other participants in his

criminal prosecution Plaintiff was convicted of multiple fraud offenses. See Uniled States v.
Fahnbulleh, 752 F.3d 470, 474 (D.C. Cir. 2014). In the instant action captioned "Expedited
Civil Rights Action for Declaratory and Injunctive Relief," plaintiff claims that the criminal
indictment was obtained by massive fraud.

lt is "well-settled that a prisoner seeking relief from his conviction or sentence may not
bring [ ] an action” for injunctive and declaratory relief. Williams v. Hz`ll, 74 F.3d 1339, 1340
(D.C. Cir. l996) (citations omitted)). l\/[oreover, plaintifF s success on his sweeping allegations

of fraud would necessarily invalidate his convicti0n. Consequently, his claim is not "cognizable

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unless and until he meets the requirements of Heck" by having the sentence invalidated via direct
appeal or habeas corpus, or declared void by an authorized tribunal Harrz`s v. Fulwooa', 611

Fed. App’x. 1, 2 (D.C. Cir. 2015) (per curiam) (citing Heck v. Humphrey, 512 U.S. 477, 486-87
(1994)). "Heck applies ‘no matter the relief sought (damages or equitable relief) . . . if success
in [the] action would necessarily demonstrate the invalidity of confinement or its duration."’ Id.,
quoting Wilkinson v. Dotson, 544 U.S. 74, 81-82 (2005) (alterations in original)). The criminal
docket, No. O9-cr-359-1-RBW, shows that plaintiff s convictions have not been vacated or
otherwise invalidated. Accordingly, this action will be dismissed without prejudice.l A separate

order accompanies this Memorandum Opinion.

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United ates District Judge
Date: August j ,2016

l Plaintiff further complains about the conditions of his confinement, over which none of the

named defendants has control. See Compl. 1111 61-68. Because plaintiff is currently incarcerated
at the Rivers Correctional institution in Winton, North Carolina, this Court sitting in the District
of Columbia is not the proper forum for litigating the prison conditions claim in any event. See 28
U.S.C. § 1391(b) (designating the proper venue under the circumstances presented as the judicial
district in the State where a substantial part of the events occurred). The United States District
Court for the Eastern District of North Carolina is properly situated to address that claim.

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