Charles I. Covey v. USA

*
The Honorable G. Thomas Eisele, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-1652
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Willie Nelson, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Arkansas.
Sharon Rimmer, Court Clerk, *
Faulkner County, Arkansas, * [UNPUBLISHED]
*
Appellee. *
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Submitted: June 15, 2004
Filed: July 1, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Willie Nelson appeals the district court’s * preservice dismissal of Nelson's 42
U.S.C. § 1983 action against a court clerk, who he claimed incorrectly recorded his
prison sentence. As relief, Nelson sought alteration of his sentence.
Having carefully reviewed the record, we conclude dismissal was proper. The
relief Nelson sought indicates he was in effect challenging the length or duration of

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his confinement. The sole federal remedy for a state prisoner bringing such a
challenge is a petition for a writ of habeas corpus. See Preiser v. Rodriguez, 411 U.S.
475, 499-500 (1973). Nelson is free to refile his complaint as a habeas action under
28 U.S.C. § 2254 if and when he has exhausted state remedies. We affirm the district
court. See 8th Cir. R. 47B.
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