Opinion
24-cv-0444
03-22-2024
AARON BLAKE ROBERTSON, Plaintiff, v. JACQUELYN E. PFURSICH, Defendant.
ORDER
JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE
AND NOW, this 22nd day of March, 2024, upon consideration of Aaron Blake Robertson's pro se Amended Complaint (ECF No. 8), it is ORDERED that:
1. The Amended Complaint is dismissed for the reasons stated in the Court's Memorandum as follows:
a. The federal access to the courts claim against Jacquelyn E. Pfursich, is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(E)(2)(B)(ii) as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The dismissal is without prejudice to Robertson filing a new case only in the event his underlying conviction is reversed, vacated, or otherwise invalidated.
b. All state law claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
2. The Clerk of Court is DIRECTED to CLOSE this case.