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    Henry Lee McCone v. Wyoming Attorney General Judie L. Chitwood Judy Uphoof, 162 F.3d 1173, 10th Cir. (1998)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Henry Lee McCone against the Wyoming Attorney General and other defendants. The district court had dismissed McCone's 42 U.S.C. § 1983 claim without prejudice. The Tenth Circuit affirmed the district court's decision, finding that under Heck v. Humphrey, McCone's claim was barred because his parole revocation had not been invalidated. The Tenth Circuit also agreed that McCone had failed to exhaust his state court remedies, which would be required even if his complaint was construed as a habeas corpus petition.

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    Henry Lee McCone v. Wyoming Attorney General Judie L. Chitwood Judy Uphoof, 162 F.3d 1173, 10th Cir. (1998)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Henry Lee McCone against the Wyoming Attorney General and other defendants. The district court had dismissed McCone's 42 U.S.C. § 1983 claim without prejudice. The Tenth Circuit affirmed the district court's decision, finding that under Heck v. Humphrey, McCone's claim was barred because his parole revocation had not been invalidated. The Tenth Circuit also agreed that McCone had failed to exhaust his state court remedies, which would be required even if his complaint was construed as a habeas corpus petition.

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    Filed: 1998-11-04 Precedential Status: Precedential Citations: 162 F.3d 1173 Docket: 97-8118

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Henry Lee McCone against the Wyoming Attorney General and other defendants. The district court had dismissed McCone's 42 U.S.C. § 1983 claim without prejudice. The Tenth Circuit affirmed the district court's decision, finding that under Heck v. Humphrey, McCone's claim was barred because his parole revocation had not been invalidated. The Tenth Circuit also agreed that McCone had failed to exhaust his state court remedies, which would be required even if his complaint was construed as a habeas corpus petition.

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    16 views2 pages

    Henry Lee McCone v. Wyoming Attorney General Judie L. Chitwood Judy Uphoof, 162 F.3d 1173, 10th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Henry Lee McCone against the Wyoming Attorney General and other defendants. The district court had dismissed McCone's 42 U.S.C. § 1983 claim without prejudice. The Tenth Circuit affirmed the district court's decision, finding that under Heck v. Humphrey, McCone's claim was barred because his parole revocation had not been invalidated. The Tenth Circuit also agreed that McCone had failed to exhaust his state court remedies, which would be required even if his complaint was construed as a habeas corpus petition.

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    of 2

    162 F.

    3d 1173
    98 CJ C.A.R. 5685
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Henry Lee McCONE, Plaintiff-Appellant,


    v.
    WYOMING ATTORNEY GENERAL; Judie L. Chitwood;
    Judy Uphoof,
    Defendants-Appellees.
    No. 97-8118.

    United States Court of Appeals, Tenth Circuit.


    Nov. 4, 1998.
    1

    PORFILIO, KELLY, and HENRY, C.J.**

    2ORDER AND JUDGMENT*


    3

    Plaintiff-Appellant Henry Lee McCone appeals from the district court's


    dismissal, without prejudice, of his 42 U.S.C. 1983 claim seeking damages
    and alleging violation of his constitutional rights by state officers during
    proceedings to revoke his parole. Our jurisdiction arises under 28 U.S.C.
    1291, and we affirm. The district court was correct in determining that Heck v.
    Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), bars the
    present action absent a determination that the parole revocation was invalid.
    See White v. Gittens, 121 F.3d 803, 807 (1st Cir.1997); Crow v. Penry, 102
    F.3d 1086, 1087 (10th Cir.1996). Likewise, the district court was correct in
    holding that, even if the complaint was construed as a habeas corpus petition,
    Mr. McCone had failed to exhaust state court remedies. See 28 U.S.C.
    2254(b)(1)(A); see also Demarest v. Price, 130 F.3d 922, 932 (10th Cir.1997).

    AFFIRMED.

    **

    After examining the briefs and the appellate record, this three-judge panel has
    determined unanimously that oral argument would not be of material assistance
    in the determination of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R.
    34.1.9. The cause is therefore ordered submitted without oral argument

    This order and judgment is not binding precedent, except under the doctrines of
    law of the case, res judicata, and collateral estoppel. This court generally
    disfavors the citation of orders and judgments; nevertheless, an order and
    judgment may be cited under the terms and conditions of 10th Cir.R. 36.3

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