Scottie Scott v. State of Iowa
Opinion
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- Unpublished