Evans v. Sampson et al

Filing 7

ORDER denying 5 Motion for Reconsideration. Signed by District Judge Lawrence P Zatkoff. (MVer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
WILLIAM JEVON EVANS, Plaintiff, v. BARBARA SAMPSON, ET AL., Defendants. / ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION Plaintiff William Jevon Evans, a Michigan Department of Corrections prisoner, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. On January 28, 2010, the Court summarily dismissed Plaintiff's cause of action, without prejudice, because "the substance of his complaint clearly challenges the revocation of parole." Plaintiff has filed a motion for reconsideration of the January 28, 2010 Order (Docket #5). The Court has reviewed and considered the arguments in Plaintiff's motion for reconsideration and again reviewed Plaintiff's complaint. As it did when rendering the January 28, 2010 Order, the Court concludes that: In this case, Plaintiff purports to challenge the procedures used during the parole revocation process rather than the revocation of parole. However, the substance of his complaint clearly challenges the revocation of parole. The decision revoking his parole has not been invalidated. Thus, Plaintiff's claims are not properly filed under 42 U.S.C. § 1983 and the complaint will be dismissed without prejudice. Hodge v. City of Elyria, 126 F. App'x 222, 223 (6th Cir.2005) (holding that cases dismissed pursuant to Heck should be Case Number: 2:09-CV-14832 HON. LAWRENCE P. ZATKOFF

dismissed without prejudice so that plaintiffs may re-assert their claims if they obtain reversal or expungement of their convictions). Accordingly, the Court hereby ORDERS that Plaintiff's Motion for Reconsideration (Docket #5) be DENIED. IT IS SO ORDERED.

s/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: May 19, 2010 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on May 19, 2010. s/Marie E. Verlinde Case Manager [phone]

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