Opinion
No. C 05-2108 MJJ (PR).
June 20, 2005
ORDER OF DISMISSAL (Docket No. 2)
Plaintiff Aaron Wallace, an inmate in the Marin County Jail, proceeding pro se, has filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that his prosecution in state court on criminal charges, that he was mislead into signing a plea agreement, and that he was provided with inadequate representation. He seeks money damages for these asserted violations of his civil rights.
A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief.See id. § 1915A(b)(1), (2). Pro se pleadings must, however, be liberally construed. See Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988).
In order to recover damages for harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a plaintiff alleging a violation of § 1983 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. See Heck v. Humphrey, 512 U.S. 477, 486-487 (1994). A claim for damages based upon a conviction or sentence that has not been so invalidated is not cognizable under § 1983. See id. at 487. Plaintiff claims that his constitutional rights have been violated insofar as his plea bargain was involuntary, he was mislead by the prosecutor, the court and his attorney, and he was provided with inadequate representation. If proven true, these claims would call into question the validity of his state court conviction in state court. Accordingly, this action is barred until plaintiff's state court conviction or charges have been reversed, expunged, set aside or otherwise called into question.
For the foregoing reasons, this action is hereby DISMISSED without prejudice. In light of this dismissal, the application to proceed in forma pauperis is DENIED and no filing fee is due.
The Clerk shall close the file and terminate any pending motions.
IT IS SO ORDERED.