LEVESQUE v. STATE

JOSEPH LAPLANTE, District Judge

Andre Levesque has filed a pleading entitled "Habeas Corpus Petition" in the above-captioned case. Upon review of the pleading, I find that Levesque seeks immediate release from incarceration. The pleading, therefore, is more appropriately considered a new habeas action. See Heck v. Humphrey, 512 U.S. 477, 481 (1994) (federal habeas petition is the appropriate means to challenge the actual fact or duration of confinement). Accordingly, I direct the Clerk's office not to docket it in the above-captioned case, but instead to treat it as a new habeas action.