Opinion
2:10-cv-01785-JCM-RJJ.
December 21, 2010
ORDER
Plaintiff has filed a civil rights complaint. Neither a filing fee nor an application to proceed in forma pauperis was submitted with the complaint. The action in any event is not cognizable under 42 U.S.C. § 1983, because plaintiff is seeking to challenge the validity and duration of his confinement, with plaintiff expressly seeking modification of his sentence. See, e.g., Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).
IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice to the filing of a new properly commenced action with either the required filing fee or a properly completed application to proceed in forma pauperis.
The clerk shall send plaintiff two copies each of an in forma pauperis application form for a non-prisoner, a blank noncapital Section 2254 petition form, and a blank Section 1983 complaint form, along with the instructions for each form and a copy of the complaint.
The clerk shall enter final judgment accordingly.
DATED December 21, 2010.