IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION

GARY LEON WEBSTER ADC #114018 PLAINTIFF

V. No. 3:19-cv-98-DPM

DOE, Unknown Female Bookkeeper, Craighead County Detention Facility DEFENDANT

ORDER

On de novo review, the Court adopts the recommendation, Ne 15, as modified and overrules Webster’s objections, No 16, FED. R. □□□□ P. 72(b)(3). Webster says that the allegedly false testimony was presented at the hearing to revoke his suspended imposition of sentence and probation. Ne 16 at 1. A judgment in Webster’s favor would therefore call into question his state-court revocation; and he hasn't alleged that the revocation has been reversed, expunged, or invalidated. His claim is therefore barred. Heck v. Humphrey,

(1994); Newmy v. Johnson,

(8th Cir. 2014). Webster’s complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a “strike” for purposes of

(g). An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith.

(a)(3).

So Ordered.

— AP PO. D.P. Marshall Jr. United States District Judge 2k pene 20)%