Vernon S. Bullock seeks to appeal the district court’s order dismissing as frivolous his 42 U.S.C. § 1983 (2000) complaint. Bullock asserts, among other claims, that his speedy trial rights have been denied, the prosecutor has engaged in selective prosecution based on race, and the statute under which he was charged is unconstitutional. Based on the cursory record, we cannot say to a certainty that Bullock’s claims are all frivolous. However, to the extent Bullock has stated any potentially viable claims, those claims are not cognizable against the named defendants in a § 1983 action; instead, Bullock may be able to pursue these claims, if he is convicted, in a federal habeas action after he has exhausted his state remedies. Accordingly, we modify the district court’s order to reflect a dismissal of Bullock’s complaint without prejudice. 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.

AFFIRMED AS MODIFIED