Pugh v. Dix et al
ORDER ADOPTING Report and Recommendation (doc. 128) and this action is dismissed with prejudice. Signed by Judge Kristi K. DuBose on 9/2/2011. (copy to plaintiff) (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
CHRISTOPHER LENARD PUGH
RICHARD DIX, et al.,
CIVIL ACTION No. 09-00016-KD-N
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the Report and Recommendation
to which objection is made, the Report and Recommendation of the Magistrate Judge made
under 28 U.S.C. ' 636(b)(1)(B) is ADOPTED as the opinion of this Court.
The Court also notes that Pugh’s claims of lack of probable cause to arrest (after he
repeatedly fled from police) and unreasonable search and seizure (wherein burglary tools were
discovered) are not cognizable claims. A prisoner may not bring a 42 U.S.C. § 1983 claim for
damages in a case where “a judgment in favor of the plaintiff would necessarily imply that
invalidity of his conviction.” Heck v. Humphreys, 512 U.S. 477, 487, 114 S.Ct. 2364, 129
L.Ed.2d 383 (1994). Such is this case with these claims where plaintiff was convicted of
attempting to elude police and burglary.
Accordingly, it is ORDERED that this action is DISMISSED with prejudice.
DONE this 2nd day of September, 2011.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?