Mark Barnes v. Nancy Parr

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-00160-LMB-TCB Copies to all parties and the district court/agency. [998633727]. Mailed to: Barnes. [11-6454]

Appeal: 11-6454

Document: 19

Date Filed: 07/18/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6454

MARK A. BARNES,
Plaintiff – Appellant,
v.
NANCY PARR, Head Commonwealth Attorney; DAVID J. WHITTED,
Deputy
Commonwealth
Attorney;
D.
J.
GEIGER,
Deputy
Executive Director Virginia Indigent Defense Commission,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:11-cv-00160-LMB-TCB)

Submitted:

July 13, 2011

Before DAVIS and
Circuit Judge.

WYNN,

Decided:

Circuit

Judges,

and

July 18, 2011

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Mark A. Barnes, Appellant Pro Se. Jeff W. Rosen,
COWARD, PC, Virginia Beach, Virginia, for Appellees.

PENDER

Unpublished opinions are not binding precedent in this circuit.

&

Appeal: 11-6454

Document: 19

Date Filed: 07/18/2011

Page: 2 of 2

PER CURIAM:
Mark

A.

Barnes

42

appeals

U.S.C.

§ 1983

the

district

(2006)

court’s

complaint

order

dismissing

his

without

prejudice.

The district court dismissed the complaint pursuant

to Heck v. Humphrey, 512 U.S. 477, 487 (1994), finding that the
complaint challenges the fact or duration of Barnes’ confinement
and thus should have been raised in a petition under 28 U.S.C. §
2254 following exhaustion of state remedies.
the record and find no reversible error.

We have reviewed

Accordingly, we affirm

for the reasons stated by the district court.

Barnes v. Parr,

No. 1:11-cv-00160-LMB-TCB (E.D. Va. Mar. 22, 2011).

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

the

court

and

argument would not aid the decisional process.

AFFIRMED

2