Crawford v. Couture et al

Filing 15

ORDER denying 13 Motion for Stay and Abeyance. Copy mailed to Crawford. Signed by Judge Brian Morris on 1/4/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
ROBERT CRAWFORD,

CV 17-00004-H-BMM-JTJ

Plaintiff,
ORDER
vs.
CASEY COUTURE, et al.,
Defendants.
This matter was dismissed on November 28, 2017 based upon the doctrine
set forth in Heck v. Humphrey, 512 U.S. 477 (1994), with regard to Mr. Crawford’s
claims challenging his conviction and for failure to comply with the applicable
statute of limitations with regard to his claims of excessive use of force. (Docs. 7,
10.) Mr. Crawford filed a Request for Stay and Abeyance on December 11, 2017.
(Doc. 13.) He requests that his claims barred by Heck be stayed while he exhausts
his state court criminal appeals due to a concern regarding the applicable statute of
limitations. (Doc. 13.)
Heck provides that a prisoner “has no cause of action under § 1983 unless
and until the conviction or sentence is reversed, expunged, invalidated, or
impugned by the grant of a writ of habeas corpus.” Heck, 512 U.S. at 489. The
statute of limitations poses no difficulty, therefore, “while the state challenges are
1

being pursued, since the § 1983 claim has not yet arisen.” Id. As no claim arises
until such time as Mr. Crawford’s conviction has been overturned, there is no
reason to stay this matter.
Based upon the foregoing, the Court issues the following:
ORDER
Mr. Crawford’s Request for Stay and Abeyance (Doc. 13) is DENIED.
DATED this 4th day of January, 2018.

2