Sayre v. Crim ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7298
KENNY DREW SAYRE, SR.,
Plaintiff - Appellant,
versus
LINDA FRANCIS CRIM,
Defendant - Appellee.
No. 99-7303
KENNY DREW SAYRE, SR.,
Plaintiff - Appellant,
versus
SAM TAYLOR, Police Officer,
Defendant - Appellee.
Appeals from the United States District Court for the Northern Dis-
trict of West Virginia, at Clarksburg. Irene M. Keeley, District
Judge. (CA-99-155-1, CA-99-158-1)
Submitted: December 16, 1999 Decided: December 22, 1999
Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Kenny Drew Sayre, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Kenny Drew Sayre, Sr., appeals the district court's orders de-
nying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaints
under 28 U.S.C.A. § 1915A(b) (West Supp. 1999). We have reviewed
the record and the district court's opinions and find no reversible
error. We note that Sayre's damages claims are not cognizable
under § 1983 because his conviction has not been reversed, ex-
punged, declared invalid by a state court, or called into question
by a federal court's issuance of a writ of habeas corpus. See Heck
v. Humphrey, 512 U.S. 477, 486-87 (1994). Because Sayre may refile
his claims should his conviction ever be overturned or called into
question by the appropriate court or upon the exhaustion of his
state remedies, we modify the dismissal to be without prejudice and
affirm as modified. See 28 U.S.C. § 2106 (1994). We deny Sayre's
motions to have the complaints reinstated and his motion to sup-
plement the record on appeal. We dispense with oral argument be-
cause the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED AS MODIFIED
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