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Basil Morales, Plaintiff, v. Ohio State Attorney General, Defendant.

MEMORANDUM OPINION AND ORDER

JACK ZOUHARY, District Judge

On July 12, 2010, pro se Plaintiff Basil Morales brought this action against the Ohio Attorney General under 42 U.S.C. § 1983. The Complaint alleges grounds for reversal of his criminal conviction (Doc. No. 1). Plaintiff's previous similar action was dismissed. Morales v. State of Ohio, Case No. 3:09 CV 2222.

A district court is expressly authorized to dismiss any civil action filed by a prisoner seeking relief from a governmental entity as soon as practicable after docketing if the court concludes that the complaint fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915A.

Plaintiff is essentially challenging the validity of his state conviction and its effect on the duration of his present confinement. When a prisoner challenges "the very fact or duration of his physical imprisonment, . . . his sole federal remedy is a writ of habeas corpus." Preiser v. Rodriguez, 411 U.S. 475, 500 (1973).

Accordingly, this action is dismissed under 28 U.S.C. § 1915A. Further, this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.

IT IS SO ORDERED.

September 13, 2010

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MORALES v. OHIO STATE ATTORNEY GENERAL
(Sep 13, 2010)