DANIEL v. LANGLEY et al

Filing 6

ORDER OF DISMISSAL - The 4 report and recommendation is ACCEPTED. The clerk must enter judgment stating, "The complaint is dismissed." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 12/9/2014. (tdl)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

GARIN LEE DANIEL,
Plaintiff,
v.

CASE NO. 4:14cv627-RH/GRJ

TERRY LANGLEY et al.,
Defendants.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 4, and the objections, ECF No. 5. I have reviewed de
novo the issues raised by the objections.
The report and recommendation correctly concludes that venue is not proper
in this court and that the case should be dismissed, not transferred. The venue
discussion is adopted as the court’s opinion.
There also is a more fundamental reason for dismissal. Under Heck v.
Humphrey, 512 U.S. 477, 487 (1994), a state prisoner cannot properly pursue a
§ 1983 action that, if successful, necessarily would imply the invalidity of a state

Case No. 4:14cv627-RH/GRJ

Page 2 of 2

conviction, unless the conviction has been set aside in a separate proceeding. In
this § 1983 action, the plaintiff attacks his arrest and conviction on Georgia state
charges. As relief, he asks to be released from custody. The plaintiff’s claims are
squarely barred by Heck.
Transferring this case to a district court in Georgia would cause that court to
conduct the same review I have conducted and would lead to the same result: the
case would be dismissed. Transferring the case would waste judicial resources and
would not serve the interest of justice.
For these reasons,
IT IS ORDERED:
The report and recommendation is ACCEPTED. The clerk must enter
judgment stating, “The complaint is dismissed.” The clerk must close the file.
SO ORDERED on December 9, 2014.
s/Robert L. Hinkle
United States District Judge

Case No. 4:14cv627-RH/GRJ