LEVYS v. DIGIOVANNI et al
ORDER directing that the Complaint is dismissed with prejudice pursuant to the Prison Litigation Report Act for failure to state a claim upon which relief can be granted. Further ordered that the 9 Report and Recommendations of Chief Magistrate Judge Kelly is adopted as the opinion of the Court. Court certifies that any appeal form this order would not be taken in good faith. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 2/16/17. (njt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LINCOLN DA VE LEVYS, JR.
JENNIFER DIGIOVANNI District Attorney,
Allegheny County District Attorney Office and
JOSEPH K. WILLIAMS, III, Judge at the
Allegheny County Court of Common Pleas
both individual and official capacity at all
times mentioned herein,
Judge David Stewart Cercone I
Chief Magistrate Judge Maureen P. Kelly
The above-captioned prisoner civil rights complaint was received by the Clerk of Court
on December 6, 2016, and was referred to Chief United States Magistrate Judge Maureen P.
Kelly for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(l), and Rule 72 of the Local Rules for Magistrate Judges.
Chief Magistrate Judge Kelly, in a Report and Recommendation (the "Report"), ECF No.
9, filed on January12, 2017, recommended that the Complaint be dismissed pre-service pursuant
to the Prison Litigation Reform Act for failure to state a claim upon which relief can be granted.
Service of the Report was made on the Plaintiff at his address of record. Plaintiff was given until
January 30, 2017 to file any objections. Plaintiffs objections were docketed on January 26,
2016. ECF No. 10. After review, the Court finds that none of the objections merits rejection of
the Report or extended comment.
Plaintiff complained that the Defendants lacked subject matter jurisdiction to criminally
charge and convict him and that, knowing this, they nevertheless conspired to do so. The Report
found that Plaintiff's civil rights claim against the Defendants was barred by the doctrine of
Heck v. Humphrey, 512 U.S. 477 (1994) because if Plaintiff were successful in this civil rights
action, it would necessarily call into question the validity of his conviction.
In his Objections, Plaintiff argues somewhat confusingly, that the Report's reliance on
Heck, is misplaced: "this is False and inaccurate on its face. Plaintiff specifically never stated
anything about a conviction because first and foremost he was not even present at trial. Plaintiff
calls in light the unconstitutionality of the entire proceedings in which defendants deprived him
of equal protection of the law by charging him with an invalid law/indictment." ECF No. 10 at
2. Plaintiff's Objections only confirms the validity of the Report's reliance on the Heck doctrine
to dismiss the Complaint.
Moreover, to the extent that any of the Plaintiff's claims would not necessarily call into
question the validity of his conviction, the Rooker-Feldman doctrine would bar such claims
because this civil rights action would necessarily have this Court act as an appellate court to the
Court of Common Pleas of Allegheny County wherein Petitioner's conviction was obtained.
Accordingly, after de novo review of the pleadings and the documents in the case,
together with the Report and Recommendation, the following order is entered:
AND NOW, this
Ji_ day of February, 2017;
IT IS HEREBY ORDERED that the Complaint is dismissed with prejudice pursuant to
the Prison Litigation Reform Act for failure to state a claim upon which relief can be granted.
IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 9, filed on
January 12, 2017, by Chief Magistrate Judge Kelly, is adopted as the opinion of the Court. The
Clerk is to mark the case closed.
Lastly, the Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal from this order
would not be taken in good faith.
David Stewart Cercone
United States District Judge
The Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Lincoln D. Levys
SCI Camp Hill
PO Box 200
Camp Hill, PA 17001-0200
(Via First Class Mail)
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