KREIS v. SMITH
This text of KREIS v. SMITH (KREIS v. SMITH) 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
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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