1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 REV KASEY CARROLL, 6 Case No. 2:24-cv-02083-APG-NJK Plaintiff, 7 Order v. 8 PATRICK BENNETT, et al., 9 Defendants. 10 11 Plaintiff, who is in the custody of the Clark County Detention Center, has submitted both 12 a civil rights complaint pursuant to

, Docket No. 1-1, and a petition for writ of 13 habeas corpus, Docket No. 8. 14 Plaintiff cannot pursue both § 1983 and habeas actions in the same case. See Nettles v. 15 Grounds,

(9th Cir. 2016) (reiterating that “habeas is the exclusive vehicle for 16 claims brought by state prisoners that fall within the core of habeas, and such claims may not be 17 brought in a § 1983 action”); Wilkinson v. Dotson,

, 81–82 (2005) (holding that “a state 18 prisoner's § 1983 action is barred (absent prior invalidation)—no matter the relief sought (damages 19 or equitable relief), no matter the target of the prisoner's suit (state conduct leading to conviction 20 or internal prison proceedings)—if success in that action would necessarily demonstrate the 21 invalidity of confinement or its duration”). Plaintiff may pursue either his § 1983 complaint or his 22 habeas petition in this case but not both. He may file the other action in a separate case. 23 On January 30, 2025, the Court ordered Plaintiff to file a notice to indicate whether he 24 wanted to pursue his § 1983 civil rights complaint or his habeas petition by February 28, 2025. 25 Docket No. 17. Since then, Plaintiff failed a notice of change of address, Docket No. 18, and the 26 Court’s order was returned as undeliverable, Docket No. 19. 27 Accordingly, Plaintiff must file a notice with the Court, no later than March 11, 2025, 28 indicating whether he: (1) wishes to pursue his § 1983 civil rights complaint, Docket No. 1-1, and strike his habeas petition, Docket No. 8, in this case; or (2) strike his § 1983 civil rights complaint, 2|| Docket No. 1-1, and pursue his habeas petition, Docket No. 8, in this case. If Plaintiff does not 3] designate one of these options, the Court will dismiss the entire case without prejudice because Plaintiff cannot proceed simultaneously on both his § 1983 complaint and habeas petition in the same case. 6 IT IS SO ORDERED. 7 Dated: February 11, 2025 8 CA ore Nan oppe 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28