Collins v. People Of The State Of Nevada

Filing 3

ORDER for filing of Completed Complaint. (Amended Complaint deadline: 11/24/2010.) (Mailed Blank Complaint, and petition for writ of habeas corpus form with instructions) Signed by Magistrate Judge Lawrence R. Leavitt on 10/25/2010. (Copies have been distributed pursuant to the NEF - DXS)

Collins v. People Of The State Of Nevada

Doc. 3

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 DAVID L. COLLINS, 11 12 13 14 15 Defendant. 16 17 On August 30, 2010, the court received a handwritten document from plaintiff entitled 18 "Motion for Restoration of Liberty" (docket #1-1). Such document is insufficient to initiate a civil rights 19 action in this court. The Local Rules require plaintiffs appearing in pro se, such as this plaintiff, to file 20 all of their complaints and petitions on the court's approved forms. LSR 2-1("[a] civil rights complaint 21 filed by a person who is not represented by counsel shall be on the form provided by this court."). 22 Accordingly, the Clerk shall not file this document. 23 The court also notes that, in its preliminary review, plaintiff appears to attempt to 24 challenge his underlying conviction. However, when a prisoner challenges the legality or duration of 25 his custody, or raises a constitutional challenge which could entitle him to an earlier release, his sole 26 federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475 (1973); Young v. Kenny, vs. PEOPLE OF THE STATE OF NEVADA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) /

2:10-cv-01458-PMP-LRL ORDER

Dockets.Justia.com

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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. IT IS THEREFORE ORDERED that the Clerk SHALL SEND to plaintiff the approved forms for filing a civil rights lawsuits under 42 U.S.C. §1983. Within thirty (30) days from the date of entry of this order, plaintiff SHALL FILE a completed and signed complaint. Plaintiff's failure to do so may result in the immediate dismissal of the entire action. IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a blank petition for writ of habeas corpus form with instructions.

DATED this 25th day of October, 2010.

UNITED STATES MAGISTRATE JUDGE

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