Opinion
No. 2:01-CV-0313
December 13, 2001
ORDER TO SHOW CAUSE
Plaintiff MELVIN WILLIAM BIDDLE has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendant and requesting permission to proceed pursuant to Tile 28, United States Code, section 1915.
The Court has reviewed plaintiffs claim and notes that this civil rights complaint appears to be a misfiled petition for writ of habeas corpus because plaintiff is attempting to attack the length of his confinement. Plaintiff is clearly seeking habeas relief, but does not appear to have exhausted available state remedies. Further, if plaintiff is actually attempting to file a civil rights complaint, it appears any claim in this regard has not yet matured and will not mature as long as any criminal conviction on this charge remains undisturbed. Wells v. Bonner, 45 F.3d 90, 95 (5th Cir. 1995) (applying Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994)).
IT IS HEREBY ORDERED:
Plaintiff MELVIN WILLIAM BIDDLE shall have fourteen (14) days from the date of the entry of this Order to file a motion to dismiss the instant cause, after which plaintiff can submit these claims on a habeas form, if he desires to pursue a habeas action to obtain the relief he has requested.
A failure to timely respond to this Order shall be construed as an indication that plaintiff wishes to continue with this civil rights suit.