Eunice Husband v. J.C. RAFFERTY; UNITED STATES MARSHALS, Northern District of West Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6546
EUNICE HUSBAND,
Plaintiff - Appellant,
v.
J.C. RAFFERTY; UNITED STATES MARSHALS, Northern District of
West Virginia,
Defendants - Appellees.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John Preston Bailey,
Chief District Judge. (2:09-cv-00106-REM-DJJ)
Submitted: February 10, 2011 Decided: February 17, 2011
Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Eunice Husband, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Eunice Husband appeals the district court’s order
adopting the magistrate judge’s recommendation and dismissing
his civil rights complaint filed pursuant to Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388
(1971). We have reviewed the record and the district court’s
opinions and find no reversible error. As the district court
held, Husband’s claim is not cognizable because the federal
conviction at issue has not been reversed, expunged, declared
invalid. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)
(concerning 42 U.S.C. § 1983 (2006) (complaint)). Because
Husband may refile his claims should his conviction ever be
overturned or called into question by the appropriate court, we
modify the dismissal to be without prejudice and affirm as
modified. 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 AS MODIFIED

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