Haughey v. Monterey County Superior Court

Filing 3

ORDER of Dismissal. Plaintiff's request to proceed in forma pauperis is denied and the complaint is dismissed without prejudice. No fee is due. Signed by Judge Charles R. Breyer on 3/6/06. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 3/6/2006) Modified on 3/8/2006 (mcl, COURT STAFF).

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Haughey v. Monterey County Superior Court Doc. 3 Case 3:06-cv-01675-CRB Document 3 Filed 03/06/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL SEAN HAUGHEY, Plaintiff(s), vs. MONTEREY COUNTY SUPERIOR COURT, Defendant(s). ) ) ) ) ) ) ) ) ) ) ) No. C 06-1675 CRB (PR) ORDER OF DISMISSAL Plaintiff, a prisoner at the Monterey County Jail, has filed a pro se complaint under 42 U.S.C. 1983 attacking the validity of a sentence imposed by the Monterey County Superior Court. Plaintiff specifically alleges that the court violated his constitutional rights when it imposed a 365-day prison term, rather than the home detention recommended by his probation officer. Plaintiff's action must be dismissed without prejudice because it is wellestablished that any claim by a prisoner that would necessarily imply the invalidity of his conviction or continuing confinement, as plaintiff's claim would here, must be brought in a habeas petition. See Nelson v. Campbell, 541 U.S. 637, 642-44 (2004); see also Calderon v. Ashmus, 523 U.S. 740, 747 (1998) (claim by a prisoner attacking the fact or duration of his confinement must be Dockets.Justia.com Case 3:06-cv-01675-CRB Document 3 Filed 03/06/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 brought under the habeas sections of Title 28 of the United States Code). And for essentially the same reasons, a claim for damages would have to be dismissed without prejudice as well. See Heck v. Humphrey, 512 U.S. 477, 486-487 (1994) (claim for damages for unlawful incarceration or sentence is not cognizable under 1983 until the conviction or sentence at issue is invalidated). For the foregoing reasons, plaintiff's request to proceed in forma pauperis is DENIED and the complaint is DISMISSED without prejudice under the authority of 28 U.S.C. 1915A(b). The clerk shall enter judgment in accordance with this order, terminate all pending motions as moot, and close the file. No fee is due. SO ORDERED. DATED: March 6, 2006 CHARLES R. BREYER United States District Judge 2

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