Mark Barnes v. Nancy Parr

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6454
MARK A. BARNES,
Plaintiff – Appellant,
v.
NANCY PARR, Head Commonwealth Attorney; DAVID J. WHITTED,
Deputy Commonwealth Attorney; D. J. GEIGER, Deputy
Executive Director Virginia Indigent Defense Commission,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:11-cv-00160-LMB-TCB)
Submitted: July 13, 2011 Decided: July 18, 2011
Before DAVIS and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Mark A. Barnes, Appellant Pro Se. Jeff W. Rosen, PENDER &
COWARD, PC, Virginia Beach, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mark A. Barnes appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2006) complaint without
prejudice. The district court dismissed the complaint pursuant
to Heck v. Humphrey, 512 U.S. 477, 487 (1994), finding that the
complaint challenges the fact or duration of Barnes’ confinement
and thus should have been raised in a petition under 28 U.S.C. §
2254 following exhaustion of state remedies. We have reviewed
the record and find no reversible error. Accordingly, we affirm
for the reasons stated by the district court. Barnes v. Parr,
No. 1:11-cv-00160-LMB-TCB (E.D. Va. Mar. 22, 2011). We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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