Hill v. Wright ( 2011 )


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  • UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF COLUMBIA F I L E D
    ll
    Henry Lee Hill, ) JUL 2
    ) CIerk, U.S. District and
    Piainriff, ) Bankruprcv Courts
    )
    v. ) Civil Action No.
    )
    James D. Wright et al., )
    )
    Defendants. )
    MEMORANDUM OPINIGN
    This matter is before the Court on review of plaintiff s pro se complaint and 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 complaint upon a
    determination that the complaint is frivolous, malicious, or fails to state a claim upon which
    relief may be granted).
    Plaintiff is a prisoner at the Federal Correctional lnstitution in Glenville, West Virginia.
    He sues a number of individuals as "lien debtors" who participated in the criminal investigation
    of plaintiff and/or his criminal prosecution. Plaintiff has not shown how any of the defendants
    are indebted to him. Not only does the complaint fail to state a claim upon which relief may be
    granted but it also lacks any basis in law and fact, thereby making it subject to dismissal as
    frivolous. See Brandon v. District ofColumbl`a Ba'. ofParole, 
    734 F.2d 56
    , 59 (D.C. Cir. 1984).
    ln addition, because the complaint is targeted at various law enforcement personnel, prosecuting
    attorneys, defense counsel, and retired District Judge Thomas Penfield Jackson who presided
    over plaintiff’ s criminal case in this Court, see USA v. Hill, Crim. No. 89-121, the Court further
    finds that this action seeking to place liens against the property of individuals simply because
    they played a role in plaintiffs conviction is malicious, and subject to criminal prosecution. See
    
    18 U.S.C. § 1521
     ("Whoever files, attempts to file, or conspires to file, in any public record . . .
    any false lien against the real or personal property of [an officer or employee of the Untied
    States] on account of the performance of [his] official duties . . . knowing or having reason to
    know that such lien . . . is false . . . shall be fined . . . or imprisoned for not more than 10 years, or
    both."). A separate Order accompanies this Memorandum Opinion.
    United State District Judge
    CL.
    Date: July le , 2011
    

Document Info

Docket Number: Civil Action No. 2011-1320

Judges: Judge Colleen Kollar-Kotelly

Filed Date: 7/20/2011

Precedential Status: Precedential

Modified Date: 10/30/2014