Grant v. Carter et al
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
ALONZO TYRONE GRANT
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
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).
D.P. Marshall Jr.
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?