Stackhouse v. Kravich

Opinion

Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit

4-18-2007

Stackhouse v. Kravich Precedential or Non-Precedential: Non-Precedential

Docket No. 06-3956

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Recommended Citation "Stackhouse v. Kravich" (2007). 2007 Decisions. Paper 1259. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1259

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NO. 06-3956 ________________

STEPHEN STACKHOUSE, Appellant vs.

JOHN KRAVICH, Public Defender, Montgomery County ____________________________________

On Appeal From the United States District Court For the Eastern District of Pennsylvania (D.C. Civ. No. 06-cv-03118) District Judge: Honorable Timothy J. Savage _______________________________________

Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) March 22, 2007 Before: MCKEE, FUENTES and WEIS, CIRCUIT JUDGES

Filed: April 18, 2007 _______________________

OPINION _______________________

PER CURIAM.

Appellant, Stephen Stackhouse, proceeding pro se and in forma pauperis,

filed a complaint asserting a claim under 42 U.S.C. § 1983 against public defender John

Kravich. The complaint alleges that Kravich did not adequately defend Stackhouse

against state criminal charges. Stackhouse requests money damages and that his state

1 conviction be overturned. We agree with the District Court that Kravich is not a proper

party to this action, see Polk County v. Dodson, 454 U.S. 312, 325 (1981), and that even

if he were, the instant challenge to the validity of the state conviction would be barred by

Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).

As the appeal lacks arguable merit, we will dismiss it pursuant to 28 U.S.C.

§ 1915(e)(2)(B). Appellant’s motion for appointment of counsel is denied.