Mark Barnes v. Nancy Parr, No. 11-6454 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6454 MARK A. BARNES, Plaintiff Appellant, v. NANCY PARR, Head Commonwealth Attorney; DAVID J. WHITTED, Deputy Commonwealth Attorney; D. J. GEIGER, Deputy Executive Director Virginia Indigent Defense Commission, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:11-cv-00160-LMB-TCB) Submitted: July 13, 2011 Before DAVIS and Circuit Judge. WYNN, Decided: Circuit Judges, and July 18, 2011 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Mark A. Barnes, Appellant Pro Se. Jeff W. Rosen, COWARD, PC, Virginia Beach, Virginia, for Appellees. PENDER Unpublished opinions are not binding precedent in this circuit. & PER CURIAM: Mark A. Barnes 42 appeals U.S.C. § 1983 the district (2006) court s complaint order dismissing his without prejudice. The district court dismissed the complaint pursuant to Heck v. Humphrey, 512 U.S. 477, 487 (1994), finding that the complaint challenges the fact or duration of Barnes confinement and thus should have been raised in a petition under 28 U.S.C. § 2254 following exhaustion of state remedies. the record and find no reversible error. We have reviewed Accordingly, we affirm for the reasons stated by the district court. Barnes v. Parr, No. 1:11-cv-00160-LMB-TCB (E.D. Va. Mar. 22, 2011). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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