Loyd I. Lewis, Petitioner-appellant, v. Kansas Parole Board, Whose Individual Names Are Unknown Tothe Petitioner at This Time and Attorney Generalof Kansas, Respondents-appellees, 42 F.3d 1406 (10th Cir. 1994)

Petitioner-appellant Loyd I. Lewis appeals from the district court's dismissal of his habeas corpus petition pursuant to 28 U.S.C. 2254. The district court dismissed the action for failure to exhaust state remedies. On appeal, Mr. Lewis contends that he also is proceeding under 42 U.S.C.1983 and that the Respondents-appellees are violating his civil rights by using boilerplate reasons to deny him parole and failing to recognize that he has completed his program agreement. While the petition might appear to raise procedural due process claims cognizable in a 1983 complaint for damages, see Wolff v. McDonnell, 418 U.S. 539, 554-55 (1974), a review of the petition and Mr. Lewis's brief on appeal convinces us that Mr. Lewis is challenging the lawfulness of his confinement. The federal remedy is habeas corpus, with its exhaustion requirement. See Heck v. Humphrey, 114 S. Ct. 2364, 2369 (1994); Kan. Stat. Ann. 60-1501; Lamb v. Kansas Parole Bd., 812 P.2d 761, 763 (Kan.App.1991). Mr. Lewis has not demonstrated that he has exhausted state remedies and his incomplete references to other state cases involving "samesimilar problems" do not persuade us that the exhaustion requirement should be waived.

AFFIRMED. We GRANT Mr. Lewis leave to proceed on appeal in forma pauperis and GRANT a certificate of probable cause. The mandate shall issue forthwith.