Witherspoon v. Eunice

Filing 8

ORDER ADOPTING 4 Report and Recommendations of the Magistrate Judge, as supplemented herein, as the opinion of the Court. The Court DISMISSES Plaintiff's claims and DENIES him leave to appeal in forma pauperis. The Clerk is DIRECTED to enter the appropriate judgment of dismissal and CLOSE this case. Signed by Chief Judge Lisa G. Wood on 1/25/2016. Modified on 1/26/2016 (ca).

N the Entteb 'tate itritt Court
for the Ooutbern 38totritt of georgia
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RUFUS CHARLES WITHERSPOON,
Plaintiff,

ROBERT EUNICE,
Defendant.

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CIVIL ACTION NO.: 2:15-cv-156

ORDER

After an independent and de novo review of the record, the
undersigned concurs with the Magistrate Judge's December 4,
2015, Report and Recommendation, dkt. no. 4, to which objections
have been filed. The Court OVERRULES Plaintiff's Objections,
dkt. no. 6, and ADOPTS the Report and Recommendation, as
supplemented herein, as the opinion of the Court.'

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Plaintiff's Complaint centers on Defendant's investigation of
Plaintiff which resulted in Plaintiff's arrest. The Magistrate Judge
explained that the Complaint did not "specifically state whether
[Plaintiff] was ultimately indicted for these offenses or whether he
has been convicted." Dkt. No. 4, p. 4. In his Objections, Plaintiff
asserts that he was arraigned on the charges on December 8, 2015, and
that the charges are still pending. Dkt. No. 6, p. 8. In addition to
the other reasons stated by the Magistrate Judge, the fact that
Plaintiff's criminal case is still pending further supports the
conclusion that Heck v. Humphrey, 512 U.S. 477 (1994) bars Plaintiff
from bringing this lawsuit at this time. Heck prohibits a plaintiff
from bringing a civil suit which indirectly implicates the question of
plaintiff's guilt as to pending state charges. Uboh v. Reno, 141
F.3d 1000, 1006 (11th dr. 1998) ("[T]his type of parallel inquiry by
AO 72A
(Rev. 8/82)

The Court DISMISSES Plaintiff's claims and DENIES him leave
to appeal in forma pauperis.

The Clerk of the Court is DIRECTED

to enter the appropriate judgment of dismissa]/7and to CLOSE this
case.
SO ORDERED, this

day of,

2015.

LISA GOOBEY WOOD, CHIEF JUDGE
UNIT ]i STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

way of a civil suit prior to the resolution of a criminal action based
on the same set of events is precisely the quandary that Heck
prohibits.")
This prohibition includes challenges to the process and
grounds upon which the prosecution against the plaintiff was
commenced. Id.
AO 72A
(Rev. 8/82)

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