Eberly v. Harris

Summary

The court recommends dismissing a state prisoner’s amended § 1983 complaint because his claims challenge the validity of an underlying murder conviction and must be pursued through habeas corpus rather than a civil rights action. The order also grants an extension of time, denies without prejudice motions for appointed counsel and post-conviction DNA testing, and directs the Clerk to provide a federal habeas form.

Holdings

1. Claims by a state prisoner that attack the validity of an ongoing conviction or sentence must be brought, if at all, in a habeas action rather than under § 1983.
2. The amended complaint failed to state a cognizable § 1983 claim because its allegations challenged the validity of plaintiff's uninvalidated state conviction.

Questions Presented

1. Whether a state prisoner may pursue claims under 42 U.S.C. § 1983 when those claims directly or indirectly challenge the validity of an uninvalidated conviction or ongoing sentence.
2. Whether plaintiff's first amended complaint stated a cognizable § 1983 claim under the prisoner-screening and pleading standards.
3. Whether plaintiff's motions to appoint counsel and for post-conviction DNA testing should be granted.

Disposition

other