Sullivan v. Bruce et al
ORDER granting 16 and 18 motions for copies and to reopen; however, plaintiff's claims are dismissed without prejudice. It is recommended that this dismissal count as a "strike" and an in forma pauperis appeal would not be taken in good faith. The clerk is directed to send Sullivan a copy of the docket sheet along with this Order and the accompanying Judgment. Signed by Judge Brian S. Miller on 11/17/2022. (jak)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
KEVIN JAMES SULLIVAN
CASE NO. 3:22-CV-00217-BSM
JIMMY D BRUCE JR, et al.
Sullivan’s motions for copies and to reopen [Doc. Nos. 16, 18] are granted; however,
his claims are dismissed without prejudice. Sullivan’s claims are barred because his state
conviction, see State v. Sullivan, 28CR-22-498 (Green County Circuit Court) (Sentencing
Order Oct. 3, 2022), has not been reversed, expunged, or declared invalid, and success in this
lawsuit would imply that his conviction is invalid. Heck v. Humphrey, 512 U.S. 477, 486-87
(1994); Newmy v. Johnson, 758 F.3d 1008, 1011-12 (8th Cir. 2014). It is recommended that
this dismissal count as a “strike” for the purposes of 28 U.S.C. section 1915(g), and an in
forma pauperis appeal would not be taken in good faith. The clerk is directed to send
Sullivan a copy of the docket sheet along with this order and the accompanying judgment.
IT IS SO ORDERED this 17th day of November, 2022.
UNITED STATES DISTRICT JUDGE
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