KREIS v. SMITH

E.D. Pennsylvania

KREIS v. SMITH

District Court, E.D. Pennsylvania·Decided March 19, 2025·No. 5:24-cv-03686·Unknown

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AUGUST BYRON KREIS, IV, : Plaintiff, : : v. : CIVIL ACTION NO. 24-CV-3686 : OFFICER THOMAS SMITH, : Defendant. :

ORDER AND NOW, this 19th day of March, 2025, upon consideration of August Byron Kreis, IV’s and pro se Amended Complaint (ECF No. 20), it is ORDERED that: 1. The 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 Kreis filing a new case only in the event his underlying conviction is reversed, vacated, or otherwise invalidated. 2. The Clerk of Court shall CLOSE this case.

BY THE COURT:

/s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J.

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AUGUST BYRON KREIS, IV, : Plaintiff, : : v. : CIVIL ACTION NO. 24-CV-3686 : OFFICER THOMAS SMITH, : Defendant. :

ORDER AND NOW, this 19th day of March, 2025, upon consideration of August Byron Kreis, IV’s and pro se Amended Complaint (ECF No. 20), it is ORDERED that: 1. The 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 Kreis filing a new case only in the event his underlying conviction is reversed, vacated, or otherwise invalidated. 2. The Clerk of Court shall CLOSE this case.

BY THE COURT:

/s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J.

KREIS v. SMITH, (E.D. Pa. 2025).

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