Opinion
No. 1:10CV255-D-S.
November 22, 2010
MEMORANDUM OPINION
The court, sua sponte, takes up the dismissal of the plaintiff's case filed under 42 U.S.C. § 1983. The plaintiff, a prisoner proceeding pro se, seeks review of his sentence imposed under the laws of Mississippi. The plaintiff claims that the defendants improperly revoked his post-release supervision and thus caused him to serve a longer term of incarceration. The plaintiff does not challenge the conditions of his confinement, as required under 42 U.S.C. § 1983; he instead challenges the fact and duration of his confinement a claim which he should have brought as a habeas corpus claim under 28 U.S.C. § 2254. A claim under 42 U.S.C. § 1983 does not accrue until the conviction or sentence has been invalidated. Heck v. Humphrey, 512 U.S. 477, 489-90 (1994). As the plaintiff has not shown that his conviction or sentence has been reversed, expunged, invalidated or impugned by the grant of a writ of habeas corpus, his claim under 42 U.S.C. § 1983 is not ripe for consideration and should be dismissed without prejudice to his ability to file a habeas corpus claim under 28 U.S.C. § 2254. A final judgment consistent with this memorandum opinion will issue today.
SO ORDERED, this the 22nd day of November, 2010.