Torrey Love v. William Rumgay, No. 13-6897 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6897 TORREY LAMONT LOVE, Plaintiff Appellant, v. WILLIAM A. RUMGAY; TODD PRESSMAN; PENNIE KYLE; SGT. WADE E. SIBLEY; RICHARD SIVIC; JASON M. MERRITT; CRAIG W. MILLER; TFC GRANT; TFC RANK, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:13-cv-01402-RDB) Submitted: July 25, 2013 Decided: July 30, 2013 Before GREGORY, DAVIS, and THACKER, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Torrey Lamont Love, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Torrey Lamont Love filed a 42 U.S.C. § 1983 (2006) complaint against constitutional several violations state police associated officers with a alleging traffic resulting in Love s arrest and subsequent criminal charges. district court dismissed Love s complaint without stop The prejudice, finding that Heck v. Humphrey, 512 U.S. 477, 487 (1994) barred Love s maintenance of an action challenging the legality of his arrest or conviction charges and However, a alleged in charges, had not review his but of because successfully the complaint that Love they record that were he had been challenged reveals was dismissed convicted that that not by the conviction. Love convicted the of in of State. fact the We therefore conclude that the district court erred in dismissing the complaint without prejudice. Accordingly, we vacate the district court s order and remand with instructions to consider Love s complaint on the merits. We also deny Love s motion to assign counsel. VACATED AND REMANDED 2

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