Torrey Lamont Love v. William A. Rumgay

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6897
TORREY LAMONT LOVE,
Plaintiff – Appellant,
v.
WILLIAM A. RUMGAY; TODD PRESSMAN; PENNIE KYLE; SGT. WADE E.
SIBLEY; RICHARD SIVIC; JASON M. MERRITT; CRAIG W. MILLER;
TFC GRANT; TFC RANK,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:13-cv-01402-RDB)
Submitted: July 25, 2013 Decided: July 30, 2013
Before GREGORY, DAVIS, and THACKER, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Torrey Lamont Love, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Torrey Lamont Love filed a 42 U.S.C. § 1983 (2006)
complaint against several state police officers alleging
constitutional violations associated with a traffic stop
resulting in Love’s arrest and subsequent criminal charges. The
district court dismissed Love’s complaint without prejudice,
finding that Heck v. Humphrey, 512 U.S. 477, 487 (1994) barred
Love’s maintenance of an action challenging the legality of his
arrest or conviction because Love had been convicted of the
charges and had not successfully challenged that conviction.
However, a review of the record reveals that Love in fact
alleged in his complaint that he was not convicted of the
charges, but that they were dismissed by the State. We
therefore conclude that the district court erred in dismissing
the complaint without prejudice.
Accordingly, we vacate the district court’s order and
remand with instructions to consider Love’s complaint on the
merits. We also deny Love’s motion to assign counsel.
VACATED AND REMANDED

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