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Haughey v. Monterey County Superior Court - 3

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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



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