UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

HENRY LEE McCONE,

Plaintiff - Appellant,

vs.

WYOMING ATTORNEY GENERAL; JUDIE L. CHITWOOD; JUDY UPHOOF,

Defendants - Appellees.

No. 97-8118

(	D.C. No. 97-CV-142-D)

(D. Wyo.)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.**

Plaintiff-Appellant Henry Lee McCone appeals from the district court's dismissal, without prejudice, of his 42 U.S.C. §1983 claim seeking damages and alleging violation of his constitutional rights by state officers during proceedings to revoke his parole. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm. The district court was correct in determining that Heck v. Humphrey, 512 U.S. 477 (1994), bars the present action absent a determination that the parole revocation was invalid. See White v. Gittens, 121 F.3d 803, 807 (1st Cir. 1997); Crow v. Penry, 102 F.3d 1086, 1087 (10th Cir. 1996). Likewise, the district court was correct in holding that, even if the complaint was construed as a habeas corpus petition, Mr. McCone had failed to exhaust state court remedies. See 28 U.S.C. § 2254(b)(1)(A); see also Demarest v. Price, 130 F.3d 922, 932 (10th Cir. 1997).

AFFIRMED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge