Scottie Scott v. State of Iowa

U.S. Court of Appeals for the Eighth Circuit
Scottie Scott v. State of Iowa, 435 F. App'x 580 (8th Cir. 2011)

Scottie Scott v. State of Iowa

Opinion

PER CURIAM.

Iowa inmate Scottie Scott appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 action as barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Upon de novo review, we conclude dismissal was proper for the reasons the district court stated, although the dismissal should have been without prejudice, see Schafer v. Moore, 46 F.3d 43, 45 (8th Cir. 1995) (per curiam). Accordingly, we modify the dismissal to be without prejudice, and we affirm the judgment as modified. See 8th Cir. R. 47B.

1

. The Honorable Edward J. McManus, United States District Judge for the Northern District of Iowa.

Reference

Full Case Name
Scottie L. SCOTT, Appellant, v. State of IOWA; Aaron K. Hawbaker; Kathryn J. Mahoney; Cory Jon Goldensoph; Black Hawk County, Appellees
Status
Unpublished