Garcia v. Moore

Appellate Case: 25-1415 Document: 16-1 Date Filed: 08/20/2026 Page: 1

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT August 20, 2026

_________________________________

Christopher M. Wolpert

Clerk of Court MIGUEL ANTONIO GARCIA,

Plaintiff - Appellant, v. No. 25-1415

(D.C. No. 1:25-CV-02088-LTB-RTG) RAYMOND P. MOORE; MIKE (D. Colo.) JOHNSTON, Denver Mayor,

Defendants - Appellees.

_________________________________ ORDER AND JUDGMENT * _________________________________

Before PHILLIPS, KELLY, and FEDERICO, Circuit Judges. **

_________________________________ Defendant-Appellant Miguel Antonio Garcia, a federal inmate appearing pro se, appeals from the district court’s judgment dismissing, without prejudice, his prisoner complaint and civil rights action seeking declaratory, injunctive, and monetary relief. Upon recommendation of a magistrate judge, R. 26–29, the district court overruled Mr. Garcia’s objections and held that such an action would be barred

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

**

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Appellate Case: 25-1415 Document: 16-1 Date Filed: 08/20/2026 Page: 2 by Heck v. Humphrey, 512 U.S. 477 (1994), absent proof “of the unlawfulness of his conviction or confinement[,]” 512 U.S. at 486–87; R. 36–38.

On appeal, Mr. Garcia argues that his conviction and/or sentence has been invalidated. Aplt. Br. 2–3. The district court noted that Mr. Garcia provided no support for this argument. R. 36. Mr. Garcia was tried by a jury and convicted of possession of methamphetamine with intent to distribute, possession of a firearm by a prohibited person, and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to a total term of 280 months imprisonment and five years’ supervised release. Judgment at 1–3, United States v. Garcia, No. 1:18-cr-00363- RM-1, (D. Colo. May 16, 2019) (ECF No. 162). He did not take a direct appeal and his 28 U.S.C. § 2255 motion was denied. Order Denying Motion to Vacate, Set Aside, or Correct Sentence, United States v. Garcia, No. 1:18-cr-00363-RM-1, (D. Colo. Mar. 31, 2020) (ECF No. 212). Because his conviction has not been reversed, expunged, declared invalid, or otherwise called into question in a federal postconviction proceeding, his action for damages and other relief may not proceed as it would imply the invalidity of his conviction. Heck, 512 U.S. at 486–87; Wilkinson v. Dotson, 544 U.S. 74, 81–82 (2005); Coleman v. U.S Dist. Ct. of N.M., 678 Fed. App’x. 751, 754 (10th Cir. 2017) (unpublished). Although he invokes the Alien Enemies Act, 50 U.S.C. § 21, 8 U.S.C. § 1357(g), and Executive Order No. 14159, 90 Fed. Reg. 8443 (Jan. 29, 2025), pertaining to immigration, Aplt. Br. at 4, none of these demonstrate the invalidity of his conviction and sentence. Appellate Case: 25-1415 Document: 16-1 Date Filed: 08/20/2026 Page: 3 AFFIRMED.

Entered for the Court Paul J. Kelly, Jr. Circuit Judge