1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 KIRK ARDELL SJODIN, Case No. 23-cv-00195-JD 7 Plaintiff, y. ORDER RE DISMISSAL Re: Dkt. Nos. 6, 8, 9 9 STATE OF CALIFORNIA, et al., 10 Defendants. 11 12 Plaintiff, a state prisoner acting pro se, filed a civil rights action under

. 5 13 || Plaintiff was sent a notice that he had not paid the filing fee or submitted a complete application 14 || for leave to proceed in forma pauperis (“IFP”). He was provided twenty-eight days to correct 15 || these deficiencies. More than twenty-eight days has passed, and plaintiff has not paid the fee or a 16 || filed a complete application to proceed IFP. The case is DISMISSED without prejudice. 3 17 || Plaintiffs motions (Dkt. Nos. 6, 8 and 9) are DENIED. 18 Plaintiff is also advised that, to recover damages for an allegedly unconstitutional 19 conviction or imprisonment, he must demonstrate that the conviction or sentence has been 20 reversed, expunged or declared invalid. Heck v. Humphrey,

(1994). 21 Plaintiff filed a habeas petition seeking to overturn his conviction simultaneously with this 22 || civil rights case. If plaintiff's conviction is overturned, he should file a case seeking money 23 damages in the district where he was convicted, and the defendants reside. 24 IT IS SO ORDERED. 25 Dated: March 2, 2023 26 27 28 JAMES TO United St@fes District Judge