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adopting the district court's finding that "even though a habeas corpus action is currently unavailable to Plaintiff here, [she] was not without an avenue to seek relief from [her] conviction," and her claims should therefore be dismissed
Summary of this case from Lucas v. Bd. of Cnty. Comm'rs of Cnty. for Larimer Cnty. Colo.Opinion
No. 09-13873 Non-Argument Calendar.
December 11, 2009.
Julie Ann Domotor, Glendale, AZ, pro se.
Charles Melvin Fahlbusch, Office of the Attorney General, Ft. Lauderdale, FL, for Defendants-Appellees.
William Jacob Steinbach, III, Cedar Springs, MI, pro se.
Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 08-81164-CV-JIC.
Before TJOFLAT, BLACK and PRYOR, Circuit Judges.
The district court dismissed without prejudice, pursuant to Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), appellant's claims for false arrest and false imprisonment, and for conspiracy to commit those offenses, because those claims, if successful, would have negated appellant's underlying criminal convictions. She now appeals the dismissal. We affirm. As the district court properly explained in its June 30, 2009, 630 F.Supp.2d 1368, order of dismissal, so long as those convictions remain undisturbed, Heck v. Humphrey bars appellant's claims.
AFFIRMED.