Allen Poston v. Robert Conrad, Jr., No. 13-7882 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7882 ALLEN WAYNE POSTON, Plaintiff - Appellant, v. ROBERT CONRAD, JR., Judge; VENTO, Assistant US Attorney; ODULIO, Assistant US Attorney; ERIC DAVIS, Special Agent (FBI); STITITE, Special Agent (FBI); JOHN CACHERIS, Attorney; JOE BILL PUTNAM; HARRY PUTNAM; DENNIS DEVINE; PHOEBE DEVINE; DOUGLAS WAYNE COBB; G. K. DAVIS; DAVID MUSICK; TRAVIS KISER; JACK LEDBETTER; DOE 1, Spouse of Douglas Wayne Cobb, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:13-cv-00586-FDW) Submitted: July 29, 2014 Decided: July 31, 2014 Before NIEMEYER, WYNN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Allen Wayne Poston, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Allen Wayne Poston appeals the district court s order dismissing his complaint filed pursuant to Bivens v. Six unknown Names Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), as barred by Heck v. Humphrey, 512 U.S. 477 (1994). reviewed the record and find no reversible error. we affirm for the reasons stated by the We have Accordingly, district court but modify the dismissal to be without prejudice to Poston s right to refile if his conviction is question by the appropriate court. invalidated or called into Poston v. Conrad, No. 3:13- cv-00586-FDW (W.D.N.C. Nov. 6, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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