Forrest v. Gibbs et al

Filing 11

ORDER OF DISMISSAL. CASE CLOSED. Signed by Judge W. Allen Pepper, Jr. on 3/12/2007. (pbs, USDC)

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Forrest v. Gibbs et al Doc. 11 Case 4:06-cv-00179-WAP-EMB Document 11 Filed 03/12/2007 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION LEE FORREST (# K8614) v. MARLA GIBBS, ET AL. ORDER OF DISMISSAL The court, sua sponte, takes up the dismissal of the plaintiff's case filed under 42 U.S.C. 1983. The plaintiff, a prisoner proceeding pro se, seeks review of his sentence imposed under the laws of Mississippi. The plaintiff does not challenge the conditions of his confinement, as required under 42 U.S.C. 1983; he instead challenges the fact and duration of his confinement, a claim which he should have brought as a habeas corpus claim under 28 U.S.C. 2254. The plaintiff claims that he is being detained beyond the expiration of his sentence because his meritorious earned time has not been applied correctly. A claim under 42 U.S.C. 1983 does not accrue until the conviction or sentence has been invalidated. Heck v. Humphrey, 512 U.S. 477, 489-90 (1994). As the plaintiff has not shown that his conviction or sentence has been reversed, expunged, invalidated or impugned by the grant of a writ of habeas corpus, his claim under 42 U.S.C. 1983 is not ripe for consideration and should be dismissed without prejudice to his ability to file a habeas corpus claim under 28 U.S.C. 2254. SO ORDERED, this the 12th day of March, 2007. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE PLAINTIFF No. 4:06CV179-P-B DEFENDANTS

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