Public-domain · open source
OpenJurist

22 F. App'x 327

Land v. Beck

U.S. Courts of Appeals

Decided December 28, 2001

This page is marked noindex.

U.S. Courts of Appeals · decided 2001-12-28

Cited by 1 later decisions — most recently June 2002

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Preiser v. Rodriguez · Edwards v. Balisok

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-28

View the full empirical analysis of this case →

¶1 OPINION

PER CURIAM.

¶2 Billy Land appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. To the extent, however, that the court dismissed claims challenging the validity of Land’s institutional conviction and revocation of good time credits, we note that such claims are not cognizable under § 1983 absent a showing that the institu *328 tional conviction supporting the revocation of good time credits has been overturned. See Edwards v. Balisok, 520 U.S. 641, 645-646, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997). A prisoner may challenge the revocation of good time credits only by way of habeas corpus. See Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). Accordingly, we modify the district court’s order to reflect that Land’s claims challenging the revocation of his good time credits, which would include all his claims other than his claim that he was improperly required to pay an administrative fee, should be dismissed without prejudice to his right to reassert such claims in a habeas action. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶3 AFFIRMED AS MODIFIED.

/22/fappx/327 · .json · Public domain