Steven R. Dewitt, Sr v. JON ADDUCI, Chairman

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7351
STEVEN R. DEWITT, SR.,
Petitioner - Appellant,
versus
JON ADDUCI, Chairman and Disciplinary Hearing
Officer; DISCIPLINARY PROCEDURE PROCESS,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, District Judge.
(CA-02-942-3-24-BC)
Submitted: March 25, 2003 Decided: May 1, 2003
Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Steven R. Dewitt, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Steven R. Dewitt, Sr., appeals the district court’s order
accepting the recommendation of the magistrate judge to dismiss
without prejudice Dewitt’s petition for writ of mandamus. The
district court correctly reasoned that under the Supreme Court’s
reasoning in Heck v. Humphrey, 512 U.S. 477, 486-87 (1994),
Dewitt’s right of action, if any, has not accrued because he has
not established that the validity of his disciplinary conviction
has been reversed. Accordingly, we affirm the district court. See
Dewitt v. Adduci, No. CA-02-942-3-24-BC (D.S.C. Aug. 13, 2002).
Dewitt’s motion for appointment of counsel is denied. 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 in the decisional process.
AFFIRMED

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