Hralima v. Polaha et al

Filing 3

ORDER DISMISSING CASE - Clerk shall send P proper IFP form and instructions; Clerk shall also return a copy of complaint to P. ( Docs mailed to P 6/8/2011 ) FURTHER ORDERED that this matter is DISMISSED without prejudice. TheClerk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 6/6/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MAIGA HRALIMA,

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Plaintiff,

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vs.

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JEROME POLAHA,

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Defendants.

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3:11-cv-00382-LRH-RAM
ORDER

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Maiga Hralima, a prisoner at the Northern Nevada Correctional Center, submitted a pro se

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Section 1983 Civil Rights Complaint (received May 31, 2011) (ECF No. 1-1). Plaintiff did not

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submit the required filing fee or an application for leave to proceed in forma pauperis.

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The matter shall be dismissed without prejudice. Plaintiff may pursue his claims in another

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action if he desires by submitting the proper application for in forma pauperis status or by paying the

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$350 filing fee along with his civil rights complaint. The plaintiff is advised, however, that the

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claims presented in his complaint, which attack the validity of his conviction, should properly be

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brought in a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Heck v. Humphrey, 512

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U.S. 477,487 (1994). (“When a state prisoner seeks damages in a §1983 suit, the district court must

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consider whether a judgment in favor of the plaintiff would necessarily imply the invalidity of his

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conviction or sentence, if it would, the complaint must be dismissed unless the plaintiff can

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demonstrate that the conviction or sentence has already been invalidated.”)

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IT IS THEREFORE ORDERED that the Clerk shall send to plaintiff the proper form and
instructions for an application to proceed in forma pauperis. The Clerk shall also return a copy of the

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civil rights complaint to plaintiff.
IT IS FURTHER ORDERED that this matter is DISMISSED without prejudice. The
Clerk shall enter judgment accordingly.
Dated this 6th day of June, 2011.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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