DAVIS v. POVALERI et al

Filing 47

ENTRY Dismissing Action - The plaintiff's complaint is dismissed without prejudice. Judgment consistent with this order shall now enter. Signed by Judge William T. Lawrence on 8/13/2015.(AH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
CHARLES DAVIS,
Plaintiff,
vs.
GAIL POVALERI, CHRIS MONROE,
and TAMI HINES,
Defendants.

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) Case No. 2:14-cv-0220-WTL-DKL
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Entry Dismissing Action
On December 2, 2014, and May 6, 2015, this Court issued Entries dismissing the plaintiff’s
complaint for failure to state a claim. Each time, the Court gave the plaintiff an opportunity to
show cause why judgment consistent with the Entry should not issue. The plaintiff filed a response
in each instance. For the reasons set forth in the Entries [dkts. 35, 45] the complaint is dismissed
for failure to state a claim.
One of the reasons cited by the Court in the Entry of May 6, 2015, is Heck v. Humphrey,
512 U.S. 477 (1994). Heck forbids a convicted person from seeking damages on any theory that
implies that his conviction was invalid unless the conviction is overturned first. Here, the plaintiff
seeks money damages for errors in the transcript. He claims that an error-free transcript would
have overturned his conviction on appeal. This challenges the validity of the conviction, which is
not permitted. In his return to order to show cause, [dkt. 46, at pg. 8], the plaintiff states that he is
awaiting the conclusion of an appeal by the Indiana Supreme Court. For these reasons, the
plaintiff’s complaint is dismissed without prejudice. Judgment consistent with this order shall
now enter.
IT IS SO ORDERED.

_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

August 13, 2015
Dated:______________
Distribution:
Charles Davis, # 960610
Wabash Valley Correctional Facility
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