Opinion
Case No. 1:16-cv-00818-DAD-JLT (PC)
11-16-2016
LARRY SCHINKEL, Plaintiff, v. SULLIVAN, Defendant.
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED AS BARRED BY HECK V. HUMPHRY , 512 U.S. 477 (1994) and EDWARDS v. BALISOK , 520 U.S. 641 (1997).
(Doc. 1)
30-DAY DEADLINE
Plaintiff alleges that Supervising Cook Sullivan refused to unlock the bathroom for him during his shift which forced him to defecate in a mop bucket. Plaintiff was found guilty on a resulting Rules Violation Report ("RVR") which caused him to lose his prison job and 30 days of good time work credits. (Doc. 1.)
When a prisoner challenges the legality or duration of his custody, or raises a constitutional challenge which could entitle him to an earlier release, his sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475 (1973); Young v. Kenny, 907 F.2d 874 (9th Cir. 1990), cert. denied 11 S.Ct. 1090 (1991). Moreover, when seeking damages for an allegedly unconstitutional conviction or imprisonment, "a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. § 2254." Heck v. Humphrey, 512 U.S. 477, 487-88 (1994). "A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983." Id. at 488. This "favorable termination" requirement has been extended to actions under § 1983 that, if successful, would imply the invalidity of prison administrative decisions which result in a forfeiture of good-time credits. Edwards v. Balisok, 520 U.S. 641, 643-647 (1997).
The complaint does not contain any allegations to show that Plaintiff's finding of guilt under the RVR has been reversed, expunged, declared invalid, or called into question by a writ of habeas corpus nor does it demonstrate that the lost credit for custodial time has been restored.
Accordingly, the Court ORDERS that within 30 days from the date of service of this order, Plaintiff shall show cause in writing why this action should not be dismissed as barred by Heck v. Humphrey, 512 U.S. 477 (1994) and Edwards v. Balisok, 520 U.S. 641, 643-647 (1997). Failure to respond to this order will result in dismissal of this action , without prejudice. IT IS SO ORDERED.
Dated: November 16 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE