Pugh v. Dix et al

Filing 146

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
SOUTHERN DIVISION
CHRISTOPHER LENARD PUGH
Plaintiff,

:
:

vs.

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RICHARD DIX, et al.,

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Defendants.

CIVIL ACTION No. 09-00016-KD-N

:
ORDER

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