Whether the Heck v. Humphrey bar to civil rights actions under 42 U.S.C. § 1983 applies when a plaintiff seeks declaratory relief and DNA testing to prove innocence, rather than damages that would necessarily imply the invalidity of an unchallenged conviction

No question identified. : appeal and post-conviction process. It admitted that it lost or destroyed biological evidence that would prove Petitioner’s innocence and that the hypnotist lied during trial, and corruptly and secretly placed his relative on the jury with the knowledge and assistance of ATF agents and federal prosecutors. When Petitioner sued those involved with the corruption, the Government cynically argued, and the lower courts agreed, that Heck barred the suit because Petitioner’s conviction had not been overturned even though it was the Government’s own decades-long corruption and coverup that precluded the vacation of Petitioner’s conviction. 3. After the Seventh Circuit affirmed the lower court, this Court, in Reed v. Goertz, reversed a lower court decision denying relief to an incarcerated criminal defendant who filed suit under 1983 challenging procedures used to deny him DNA testing which could prove his innocence. In Reed, this Court allowed the defendant’s civil action to proceed despite the fact that his conviction had not yet been vacated. The Court noted that Reed’s request for DNA testing was based on his claim of innocence and “Reed contended that DNA testing would help identify the true perpetrator.” In other words, that it could but not necessarily undermine the validity of his conviction. In Petitioner’s case, the Seventh Circuit held that Heck precluded Appellant’s civil action because a successful outcome would undermine the validity of his conviction. Yet Petitioner’s civil suit, like Reed’s, challenged DNA procedures, and sought declaratory relief. In short, applying Heed to the instant case would likely result in a remand. 4. With this short background, Petitioner needs additional time in which to file his Petition for a Writ of Certiorari. He asks the Court to grant to and including November 1, 2023. Brett Kim Certificate of Service I certify that I served a copy of this motion on the United States Solicitor General this 29» day of August, 2023 by First Class maj. Brett berlin 8100 Beech Tree Road Bethesda, MD 20817 (301) 325 2895