Opinion

Crenshaw v. Stitt

Court
District Court, W.D. Oklahoma
Filed
Apr 26, 2023
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA

COURTNEY CORDELL CRENSHAW, )

)

Plaintiff, )

)

v. ) Case No. CIV-23-247-J

)

KEVIN STITT, et al., )

)

Defendants. )

ORDER

Plaintiff, a state prisoner appearing pro se, filed a complaint alleging violations of his civil

rights under 42 U.S.C. § 1983. This matter was referred to United States Magistrate Judge Amanda

Maxfield Green consistent with 28 U.S.C. § 636(b)(1)(B). [Doc. No. 4]. Thereafter, Judge Green

issued a Report and Recommendation recommending the Court dismiss without prejudice

Plaintiff’s Complaint as a request for habeas relief and dismiss as moot Plaintiff’s pending

Application for Leave to Proceed In Forma Pauperis. [Doc. No. 5]. Plaintiff has filed an

Objection to the Report and Recommendation which triggers de novo review. [Doc. No. 6].

In his Complaint, Plaintiff alleges two 42 U.S.C. § 1983 claims. In his first claim, Plaintiff

asserts that he was denied due process and equal protection of the law in violation of the Fourteenth

Amendment and requests that Defendants be required to conduct a hearing in which he may

demonstrate that under the law at the time of his trial, he would not have been certified as an adult.

In his second claim, Plaintiff asserts that he was subjected to cruel and unusual punishment in

violation of the Eighth Amendment and requests a personal interview with the Pardon and Parole

Board to consider his rehabilitative efforts.

In the Report and Recommendation, Judge Green finds that Plaintiff is seeking both to

invalidate his conviction by challenging its constitutionality and to hasten or effectuate his release

from custody by requesting a meeting with the Pardon and Parole Board. Judge Green concludes

that this relief is not available in a 42 U.S.C. § 1983 action and that these claims should be

dismissed without prejudice to refiling as a separate action under 28 U.S.C. § 2254 or § 2241, if

appropriate. In his objection, Plaintiff asserts that these claims may be brought under § 1983 based

upon Reed v. Goertz, 995 F.3d 425 (Sth Cir. 2021), and Thomas v. Stitt, No. 21-6011, 2022 WL

289661 (10th Cir. Feb. 1, 2022).

Having reviewed the Report and Recommendation, Plaintiff's objection, and the case law

cited, the Court concludes that Plaintiff's first claim seeks relief that is unavailable in a § 1983

action. The claim asserted in the Reed case cited by Plaintiff is substantially different from

Plaintiff’s first claim. However, the Court concludes that Plaintiffs second claim seeks relief that

is available through a § 1983 action. The claim asserted in Thomas, which the Tenth Circuit found

stated a plausible claim for relief under § 1983, is substantially similar to Plaintiff's second claim.

Accordingly, the Court ADOPTS IN PART and DECLINES TO ADOPT IN PART the

Report and Recommendation [Doc. No. 5] as follows:

(1) The Court ADOPTS the Report and Recommendation as to Plaintiff’s first

claim and DISMISSES Plaintiff's first claim without prejudice as a request

for habeas relief;

(2) The Court DECLINES TO ADOPT the Report and Recommendation as to

Plaintiffs second claim; and

(3) The Court REFERS this case back to Judge Green for further proceedings.

IT IS SO ORDERED this 26" day of April, 2023.

HAM.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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