Sullivan v. Bruce

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION KEVIN JAMES SULLIVAN PLAINTIFF

v. CASE NO. 3:22-CV-00217-BSM JIMMY D BRUCE JR, et al. DEFENDANTS ORDER Sullivan’s motions for copies and to reopen [Doc. Nos. 16, 18] are granted; however, his claims are dismissed without prejudice. Sullivan’s claims are barred because his state conviction, see State v. Sullivan, 23CR-22-498 (Green County Circuit Court) (Sentencing Order Oct. 3, 2022), has not been reversed, expunged, or declared invalid, and success in this lawsuit would imply that his conviction is invalid. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994); Newmy v. Johnson, 758 F.3d 1008, 1011-12 (8th Cir. 2014). It is recommended that this dismissal count as a “strike” for the purposes of 28 U.S.C. section 1915(g), and an in forma pauperis appeal would not be taken in good faith. The clerk is directed to send Sullivan a copy of the docket sheet along with this order and the accompanying judgment. IT IS SO ORDERED this 17th day of November, 2022.

Baron A In Me. UNITED STATES DISTRICT JUDGE