Martinez v. EnsorMartinez v. Ensor
- Reporters:
- , ,
- Before:
- Daniel
ORDER OF DISMISSAL
DANIEL, District Judge.
Plaintiff Enrique J. Martinez initiated this action by filing
pro se
a civil rights complaint pursuant to
Before I address the issues that properly are before me, I note that there is no basis for the plaintiff to assert a claim under § 1984 because no such statute exists.
Mr. Martinez is suing the following defendants for their involvement in his 1994 state criminal proceedings: the Honorable Thomas Ensor, Adams County Court district judge; Peter Stumpf, deputy district attorney; Joni Speirs, state public defender; Tamara A. Rnoepfle, court reporter; Jacqueline Rich-man, psychological evaluator; John Murphy, mental health therapist; Robert Grant, district attorney and supervisor to Mr. Stumpf; David Cordova, state public defender and supervisor to Ms. Speirs; and Bob and Mary Frasier, parents of Tami Frasier, whose significance to this lawsuit the plaintiff does not discuss.
I must construe Mr. Martinez’s complaint liberally because he is representing himself.
Haines v. Kerner,
404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972);
Ruark v. Solano,
928 F.2d 947, 949 (10th Cir.1991). As relief Mr. Martinez seeks damages, immediate release from custody, and to “be vindicated of all charges.” (Complaint at G. Request for Relief continued page 2.). The requested relief of immediate release from custody and vindication of all charges is in the nature of habeas corpus, and I will treat that portion of the complaint as an application for a writ of habeas corpus pursuant to
Mr. Martinez is proceeding pursuant to subsection (a) of the federal
in forma pauperis
statute,
For the reasons stated below, the claims asserted pursuant to
First, I will address Mr. Martinez’s claims for damages asserted pursuant to
Mr. Martinez’s
Mr. Martinez also cites
Based on the foregoing authorities, Mr. Martinez may not challenge the validity of his conviction or sentence by seeking damages pursuant to
Mr. Martinez’s asserted claims pursuant to criminal statutes
Finally, I will address that portion of the complaint that I will treat as an application for a writ of habeas corpus. Courts are to construe actions according to the nature of the relief sought, not according to how they are styled by their drafters.
Preiser v. Rodriguez,
411 U.S. 475, 500, 93 S.Ct. 1827, 1841-42, 36 L.Ed.2d 439 (1973);
Parkhurst v. Wyoming,
641 F.2d 775, 776 (10th Cir.1981). Mr. Martinez seeks immediate release from custody and vindication of the criminal charges against him. His sole federal remedy for this claim is an application for a writ of habeas corpus.
See Preiser,
411 U.S. at 500, 93 S.Ct., at 1841-42. Thus, I must construe that portion of the pleading as an application for a writ of habeas corpus pursuant to
Under
ORDERED that the claims asserted pursuant to
FURTHER ORDERED that the claims asserted pursuant to
FURTHER ORDERED that the portion of the complaint requesting relief in the form of immediate release from custody and vindication on all charges, which I have treated as an application for a writ of habeas corpus pursuant to
FURTHER ORDERED that the complaint and the action are dismissed.
Notes
. In an unpublished opinion, Estes v. Namba, No. 95-4059, 1996 WL 15682, at *1 (10th Cir. Jan.17, 1996), the Tenth Circuit concludes with limited analysis that the reasoning of Heck applies to § 1985 claims.