HOOPER v. THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE
This text of HOOPER v. THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE (HOOPER v. THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER HOOPER, : Plaintiff, : : v. : CIVIL ACTION NO. 19-CV-0399 : THE PENNSYLVANIA BOARD OF : PROBATION AND PAROLE, et al., : Defendants. :
ORDER AND NOW, this 10th day of January, 2020, upon consideration of Plaintiff Christopher Hooper’s Amended Complaint (ECF No. 14), it is ORDERED that: 1. Hooper’s Amended Complaint is DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Hooper filing a new case only in the event the challenged calculation of his sentence is reversed, vacated, or otherwise invalidated. This dismissal also does not prevent Hooper from proceeding on his petition for a writ of habeas corpus. See Hooper v. Dist. Att’y of Montgomery, Civ. A. No. 19-3416 (E.D. Pa.) 2. The Clerk of Court shall CLOSE this case. BY THE COURT:
/s/ Gerald Austin McHugh
GERALD A. McHUGH, J.
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