Dave Taylor v. US


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cv-00109-AJT-IDD. Copies to all parties and the district court/agency. [998455760] [10-6491]

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Dave Taylor v. US Doc. 0 Case: 10-6491 Document: 11 Date Filed: 10/29/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6491 DAVE ANDRAE TAYLOR, Plaintiff Appellant, v. UNITED STATES OF AMERICA; UNITED STATES ATTORNEY'S OFFICE; DRUG ENFORCEMENT ADMINISTRATION; BUREAU OF ALCOHOL, FIREARMS, TOBACCO & EXPLOSIVES; ROBERT E. TRONO, A.U.S.A.; JOHN HEALY, A.T.F.B. Special Agent; RICHARD PHILPOTT, D.E.A. Special Agent, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:10-cv-00109-AJT-IDD) Submitted: October 6, 2010 AGEE, Circuit Decided: Judges, and October 29, 2010 HAMILTON, Senior Before SHEDD and Circuit Judge. Vacated and remanded by unpublished per curiam opinion. Dave Andrae Taylor, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-6491 Document: 11 Date Filed: 10/29/2010 Page: 2 PER CURIAM: Dave Andrae Taylor, a federal prisoner, filed a complaint pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), seeking damages on the ground that Defendants failed to advise him prior to his conviction of drug and firearms offenses of his rights under Article 36 of the Vienna Convention. The district court dismissed the action without prejudice, concluding that Taylor's action was barred by the holding in Heck v. Humphrey, 512 U.S. 477 (1994). We have reviewed the record and the district court's order and conclude that pursuant to Sanchez-Llamas v. Oregon, 548 U.S. 331 (2006), the action was not barred by the holding in Heck. Accordingly, we vacate the district court's order dismissing Taylor's action without prejudice and remand for further proceedings oral consistent with this opinion. and We legal dispense with argument because the facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. VACATED AND REMANDED 2

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