Grant v. Carter et al

Filing 13

ORDER dismissing Grant's complaint without prejudice for failure to state a claim. This dismissal counts as a "strike". An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/4/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PLAINTIFF

ALONZO TYRONE GRANT

v.

No. 3:16-cv-180-DPM

DAVID CARTER, Sheriff, Greene County;
MIKE RYLES, Lieutenant, Greene County
Sheriff's Office; RANDY SIPES, Captain,
Greene County Sheriff's Office; and TONY
CHARLES ROE, Sergeant, Arkansas State Police

DEFENDANTS

ORDER
1. The Court must screen Grant's complaint. Ng 2; 28U.S.C.§1915A.
Grant says he was falsely imprisoned after the defendants unlawfully
searched his house and found drugs. Ng 2 at 4. But Grant pleaded guilty to
drug-related charges arising from this incident and was sentenced to
probation. Ng 8 at 2-4. A judgment in his favor in this case would call into
question Grant's state sentence; and he hasn't alleged that his sentence has
been reversed, expunged, or invalidated. Grant's claim is therefore Heckbarred. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
2. Grant's complaint will be dismissed without prejudice for failure to
state a clam. This dismissal counts as a" strike" for purposes of 28 U.S.C.

§ 1915(g). An in forma pauperis appeal from this Order and accompanying

Judgment will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

D.P. Marshall Jr.
United States District Judge

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