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Carter v. State

United States District Court, N.D. Mississippi, Eastern Division
Nov 22, 2010
No. 1:10CV255-D-S (N.D. Miss. Nov. 22, 2010)

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.


Summaries of

Carter v. State

United States District Court, N.D. Mississippi, Eastern Division
Nov 22, 2010
No. 1:10CV255-D-S (N.D. Miss. Nov. 22, 2010)
Case details for

Carter v. State

Case Details

Full title:DONALD CARTER PLAINTIFF v. STATE OF MISSISSIPPI, ET AL. DEFENDANTS

Court:United States District Court, N.D. Mississippi, Eastern Division

Date published: Nov 22, 2010

Citations

No. 1:10CV255-D-S (N.D. Miss. Nov. 22, 2010)