Joseph Clarke v. Kimberly M. Esmond Adams ( 2023 )


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  • USCA11 Case: 22-14330   Document: 20-1    Date Filed: 08/21/2023   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 22-14330
    Non-Argument Calendar
    ____________________
    JOSEPH ALEXANDER CLARKE,
    Plaintiff-Appellant,
    versus
    KIMBERLY M. ESMOND ADAMS,
    FANI T. WILLIS,
    CATHELENE TINA ROBINSON,
    CHRIS CARR,
    Defendants-Appellees.
    USCA11 Case: 22-14330      Document: 20-1       Date Filed: 08/21/2023     Page: 2 of 3
    2                       Opinion of the Court                  22-14330
    ____________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    D.C. Docket No. 1:22-cv-04408-LMM
    ____________________
    Before WILLIAM PRYOR, Chief Judge, and ABUDU and ANDERSON,
    Circuit Judges.
    PER CURIAM:
    Joseph Clarke, a Georgia prisoner, appeals pro se the dismis-
    sal of his complaint against various state and court officials.
    
    42 U.S.C. § 1983
    . We affirm.
    The district court did not abuse its discretion when it sua
    sponte dismissed Clarke’s complaint, 28 U.S.C. § 1915A. Miller v.
    Donald, 
    541 F.3d 1091
    , 1100 (11th Cir. 2008). Insofar as the com-
    plaint challenges his incarceration with its references to the “com-
    mercial charges” against him and the “confinement of [his] body
    still being held as collateral,” the district court correctly concluded
    that this challenge was barred under Heck v. Humphrey, 
    512 U.S. 477
    (1994), because requiring the officials to accept his “unrebutted
    commercial affidavit of truth” would necessarily imply the invalid-
    ity of his convictions. And the district court correctly determined
    that the complaint was otherwise frivolous because Clarke’s alle-
    gations, which are “typical of those often used by so-called ‘sover-
    eign citizens,’” lack “an arguable basis either in law or in fact.” Mil-
    ler, 
    541 F.3d at 1100
    .
    USCA11 Case: 22-14330   Document: 20-1    Date Filed: 08/21/2023   Page: 3 of 3
    22-14330            Opinion of the Court                     3
    We AFFIRM the dismissal of Clarke’s complaint.
    

Document Info

Docket Number: 22-14330

Filed Date: 8/21/2023

Precedential Status: Non-Precedential

Modified Date: 8/21/2023