IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION

CHARLES D. GALLOWAY PLAINTIFF

v. No. 1:20CV217-RP

MISSISSIPPI, ET AL. DEFENDANTS

ORDER OF DISMISSAL

The court, sua sponte, takes up the dismissal of the plaintiff’s case filed under

. The plaintiff, a prisoner proceeding pro se, seeks review of his pretrial detention imposed under the laws of Mississippi. The plaintiff alleges that he was falsely accused of a crime. He seeks the firing of “the dishonorable people in the justice system of New Albany,” their legal licenses revoked, and money damages. Doc. 1. He does not challenge the conditions of his confinement, as required under

; he instead challenges the fact and duration of his pretrial confinement, a claim which he should have brought as a habeas corpus claim under

. A claim under

does not accrue until the detention order has been invalidated. Heck v. Humphrey,

(1994). As the plaintiff has not shown that his detention order has been reversed, expunged, invalidated or impugned by the grant of a writ of habeas corpus, his claim under

is not ripe for consideration and is DISMISSED for failure to state a claim upon which relief could be granted, counting as a “STRIKE” under

(g). The dismissal is without prejudice to the plaintiff’s ability to file a habeas corpus claim under

. Including this dismissal, Mr. Galloway has accumulated more than three “strikes” under

(g). As such, he may not proceed as a pauper in future cases unless he is “under imminent danger of serious physical injury.”

(g). SO ORDERED, this, the 27th day of January, 2021.

/s/ Roy Percy UNITED STATES MAGISTRATE JUDGE