Raymond Martinez, Plaintiff-appellant, v. Michael A. Obermeyer; Brian Mccoy; Ed Camp; Harry Nimrod;lee Zweigle; Aristedes W. Zavaras; John Jubic;and Richard Marr, Defendants-appellees, 117 F.3d 1428 (10th Cir. 1997)

ORDER AND JUDGMENT^* 

Mr. Martinez, an inmate appearing pro se and in forma pauperis, appeals from the dismissal of his civil rights action in which he seeks federal declaratory, injunctive and monetary relief based upon a Colorado conviction. To the extent that Mr. Martinez is proceeding under 42 U.S.C. § 1983, the claims are obviously barred by the rule announced in Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). On the other hand, a federal challenge to the fact of conviction or confinement, or the duration of confinement, is cognizable only under habeas corpus, Preiser v. Rodriguez, 411 U.S. 475, 499-500 (1973), with its requirement of exhaustion of state remedies, 28 U.S.C. § 2254(b) (1) (A); Preiser, 411 U.S. at 499 n. 14.

The district court dismissed the action without prejudice based upon noncompliance with its order requiring Mr. Martinez to file his 28 U.S.C. § 1915 motion and civil rights complaint on official forms and furnish a certified copy of his trust fund account, all within thirty days. Aplt.App. 49-54. We find no abuse of discretion. See Bradenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980) (per curiam), cert. denied, 450 U.S. 984 (1981).

AFFIRMED. All pending motions are DENIED.