Harper, Jr. v. Circuit Court of Washington County

N.D. Mississippi

Harper, Jr. v. Circuit Court of Washington County

DecidedNovember 7, 2022

Docket4:22-cv-00142

StatusUnknown

This text of Harper, Jr. v. Circuit Court of Washington County (Harper, Jr. v. Circuit Court of Washington County) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harper, Jr. v. Circuit Court of Washington County, (N.D. Miss. 2022).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

ELTON HARPER, JR. PLAINTIFF

v. No. 4:22CV142-RP

CIRCUIT COURT OF WASHINGTON COUNTY, ET AL. DEFENDANTS

ORDER DISMISSING CASE WITHOUT PREJUDICE UNDER THE HOLDING OF HECK V. HUMPHREY On October 12, 2022, the court ordered [9] the plaintiff to show cause why this case should not be dismissed under the holding in Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). In this case filed under 42 U.S.C. § 1983, the plaintiff does not challenge the conditions of his confinement, as required under that section; he instead challenges the fact and duration of his confinement, a claim which he should have brought through a habeas corpus petition under 28 U.S.C. § 2254. A claim under § 1983 involving a conviction or sentence does not accrue until that conviction or sentence has been invalidated. Heck at 489-90. The court set a 21-day deadline for the plaintiff to show that his conviction or sentence has been “reversed, expunged, invalidated or impugned” by a writ of habeas corpus, which would make civil claims arising out of his criminal conviction ripe for proceeding in a case filed under 42 U.S.C. § 1983. The plaintiff filed a 199-page response [13] to the show cause order; his response consisted mostly of pleadings and motions filed in various state and federal proceedings. The response did not, however, show that his convictions or sentences have been invalidated. As such, the plaintiff has not shown cause, as directed, and the instant case is DISMISSED for failure to state a claim upon which relief could be granted, counting as a “strike” under 28 U.S.C. § 1915(g). This dismissal is without prejudice for the plaintiff to seek relief through a petition for a writ of habeas corpus under 28 U.S.C. § 2254.

SO ORDERED, this, the 7th day of November, 2022.

/s/ Roy Percy UNITED STATES MAGISTRATE JUDGE

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

ELTON HARPER, JR. PLAINTIFF

v. No. 4:22CV142-RP

CIRCUIT COURT OF WASHINGTON COUNTY, ET AL. DEFENDANTS

ORDER DISMISSING CASE WITHOUT PREJUDICE UNDER THE HOLDING OF HECK V. HUMPHREY On October 12, 2022, the court ordered [9] the plaintiff to show cause why this case should not be dismissed under the holding in Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). In this case filed under 42 U.S.C. § 1983, the plaintiff does not challenge the conditions of his confinement, as required under that section; he instead challenges the fact and duration of his confinement, a claim which he should have brought through a habeas corpus petition under 28 U.S.C. § 2254. A claim under § 1983 involving a conviction or sentence does not accrue until that conviction or sentence has been invalidated. Heck at 489-90. The court set a 21-day deadline for the plaintiff to show that his conviction or sentence has been “reversed, expunged, invalidated or impugned” by a writ of habeas corpus, which would make civil claims arising out of his criminal conviction ripe for proceeding in a case filed under 42 U.S.C. § 1983. The plaintiff filed a 199-page response [13] to the show cause order; his response consisted mostly of pleadings and motions filed in various state and federal proceedings. The response did not, however, show that his convictions or sentences have been invalidated. As such, the plaintiff has not shown cause, as directed, and the instant case is DISMISSED for failure to state a claim upon which relief could be granted, counting as a “strike” under 28 U.S.C. § 1915(g). This dismissal is without prejudice for the plaintiff to seek relief through a petition for a writ of habeas corpus under 28 U.S.C. § 2254.

SO ORDERED, this, the 7th day of November, 2022.

/s/ Roy Percy UNITED STATES MAGISTRATE JUDGE

Cite This Page — Counsel Stack

Bluebook (online)

Harper, Jr. v. Circuit Court of Washington County, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-jr-v-circuit-court-of-washington-county-msnd-2022.

Opinion

Related

Cite This Page — Counsel Stack