Robinson v. Roberts
Robinson v. Roberts
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION BRITT OTIS ROBINSON PLAINTIFF v. CASE NO. 2:20-CV-00096 BSM DUANE ROBERTS, et al. DEFENDANTS
ORDER Britt Robinson's motion to reopen case [Doc. No. 6] is granted. His complaint [Doc. No. 2] is dismissed without prejudice. Robinson's incarceration triggers automatic screening of his complaint. See 28 U.S.C.
§ 1915A. His felon in possession charge was nolle prossed, but he was on probation and the charge gave the courts grounds for revocation. Doc. No. 6. Robinson claims he never had a gun. Doc. No. 2 at 5. Robinson's damages claims are barred. Heck v. Humphrey,
512 U.S. 477, 486–87 (1994); Newmy v. Johnson,
758 F.3d 1008, 1011–12 (8th Cir. 2014). To the extent he seeks
release from incarceration, that remedy is unavailable here. Preiser v. Rodriguez,
411 U.S. 475, 500(1973). Jurisdiction over any state law claims shall not be exercised.
28 U.S.C. § 1367(c)(3). Robinson's claims are dismissed without prejudice. This dismissal counts as a "strike"
for the purposes of
28 U.S.C. § 1915(g). An in forma pauperis appeal would not be taken in good faith. IT IS SO ORDERED this 6th day of August, 2020.
UNITED STATES DISTRICT JUDGE
Reference
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