ORDER OF DISMISSAL

CHARLES R. BREYER, United States District Judge

Plaintiff, a state prisoner at "Folsom CCF," has filed a pro se civil rights complaint under 42 U.S.C. § 1983 alleging that Oakland police officers filed a false weapon charge against him that resulted in his receiving "a 1 year sentence." Plaintiff seeks to have the "charge taken off [his] record and to receive some type of compensation for the unjust time . . . spent incarcerated."

Plaintiff seeks leave to proceed in forma pauperis under 28 U.S.C. § 1915.

DISCUSSION

A. Standard of Review

Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint "is frivolous, malicious, or fails to state a claim upon which relief may be granted," or "seeks monetary relief from a defendant who is immune from such relief." Id.§ 1915A(b).

B. Legal Claims

It is well-settled that any attack on the validity or duration of a prisoner's confinement must be brought under the habeas sections of Title 28 of the United States Code. Calderon v. Ashmus, 523 U.S. 740, 747 (1998). Plaintiffs request to have the weapon charge/conviction "taken off [his] record" must be dismissed without prejudice to his bringing it in a petition for a writ of habeas corpus. See Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995).

Plaintiffs request for damages for "the unjust time . . . spent incarcerated" also must be dismissed without prejudice. A claim for damages for unlawful incarceration is not cognizable under § 1983 until the conviction or sentence at issue is invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-487 (1994).

CONCLUSION

For the foregoing reasons, plaintiffs request to proceed in forma pauperis (doc # 3) is DENIED and the complaint is DISMISSED without prejudice.

The Clerk shall close the file.