LING v. DOMBROWSKY

Filing 25

ORDER denying 23 MOTION REQUESTING ALL DOCUMENTS IN CASE FOR APPEAL PURPOSES by BRUCE A LING, JR; signed by JUDGE STEPHAN P MICKLE on 4/23/09. (tss)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION BRUCE A. LING, Plaintiff, v. ALEXANDER DOMBROWSKY, Defendant. _______________________________/ ORDER THIS CAUSE comes before the Court on Plaintiff's letter of inquiry (doc. 22) dated April 9, 2009, and request for documents (doc. 16) dated April 16, 2009. Plaintiff is not entitled to a free copy of the records for case number 4:07cv261-SPM/WCS. A judgment was entered on August 16, 2007, and the time for filing an appeal has long since expired. Accordingly, Plaintiff's request for documents without charge (doc. 16) is DENIED. As for Plaintiff's inquiry regarding refiling in state or federal court, Plaintiff cannot refile the claims he made in case number 4:07cv261-SPM/WCS unless his conviction or sentence for violation of probation is invalidated. Heck v. Humprey, 513 U.S. 477 (1994). SO ORDERED this 23rd day of April, 2009. CASE NO. 4:07cv261-SPM/WCS

s/ Stephan P. Mickle
Stephan P. Mickle United States District Judge