Weilburg

This is an appeal of the district court’s sua sponte dismissal of an action for damages brought pursuant to 42 U.S.C. § 1983 (“section 1983”). The pro se plaintiffs, Daro Weilburg and Maria Weilburg (“Weilburgs”), allege that the State of Arizona and various officials in Yavapai County, Arizona, extradited Daro Weilburg from Arizona to Illinois in violation of state and federal statutes, thereby violating Daro Weilburg’s right to procedural due process.

The issue presented is whether the United States Supreme Court’s ruling in Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), bars prospective plaintiffs, who have not otherwise successfully challenged their underlying convictions, from bringing section 1983 actions that are based upon a violation of extradition law.

For the reasons set forth hereinafter, we vacate the judgment of the district court, and order the case remanded to the United States District Court for the District of Arizona for further proceedings consistent with this opinion.

I. FACTS

Unless otherwise indicated, an examination of the complaint, as well as the exhibits attached thereto, discloses the following.

In 1999, an Illinois state…