Dass v. Winkler

62 F. App'x 408
CourtCourt of Appeals for the Second Circuit
DecidedMay 9, 2003
DocketDocket No. 01-295
StatusPublished

This text of 62 F. App'x 408 (Dass v. Winkler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dass v. Winkler, 62 F. App'x 408 (2d Cir. 2003).

Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Mulk Raj Dass appeals from the judgment of the United States District Court for the Eastern District of New York (Gershon, J.), dismissing his complaint brought pursuant to 42 U.S.C. § 1983 for failure to state a claim. We affirm for substantially the reasons stated in Judge Gershon’s opinion. Dass v. Winkler, et al., 01 CV 6064(NG) (E.D.N.Y. October 9, 2001).

The dismissal of Dass’ § 1983 claim based on the use of improper procedures in revoking his probation is affirmed on the additional ground that the revocation decision has not been reversed or otherwise set aside. See Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

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Related

Heck v. Humphrey
512 U.S. 477 (Supreme Court, 1994)

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Bluebook (online)
62 F. App'x 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dass-v-winkler-ca2-2003.