Opinion
No. 3:01-CV-0554-D
February 19, 2002
JUDGMENT
This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,
It is ORDERED, ADJUDGED and DECREED that:
1. The complaint of plaintiff filed pursuant to 42 U.S.C. § 1983, is DISMISSED with prejudice as frivolous, until such time as plaintiff satisfies the conditions set forth in Heck v. Humphrey, 512 U.S. 477 (1994).
2. To the extent the instant action is properly construed as a petition for writ of habeas corpus under 28 U.S.C. § 2241 et seq., the Court DISMISSES without prejudice it for failure to exhaust state remedies.
3. The Clerk shall transmit a copy of this Judgment and the Order Accepting the Findings and Recommendation of the United States Magistrate Judge to plaintiff.