Eunice Husband v. J. Rafferty, No. 10-6546 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6546 EUNICE HUSBAND, Plaintiff - Appellant, v. J.C. RAFFERTY; UNITED STATES MARSHALS, Northern District of West Virginia, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, Chief District Judge. (2:09-cv-00106-REM-DJJ) Submitted: February 10, 2011 Decided: February 17, 2011 Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed as modified by unpublished per curiam opinion. Eunice Husband, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eunice adopting his the civil Husband appeals magistrate rights judge s complaint the district recommendation filed pursuant to court s and order dismissing Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We have reviewed the record and the district court s opinions and find no reversible error. held, Husband s claim is not As the district court cognizable because the federal conviction at issue has not been reversed, expunged, declared See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) invalid. (concerning 42 Husband refile may U.S.C. ยง 1983 his (2006) (complaint)). should his claims Because conviction ever be overturned or called into question by the appropriate court, we modify the modified. legal before dismissal be without prejudice and affirm as We dispense with oral argument because the facts and contentions the to court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED AS MODIFIED 2
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