Revere v. Reed

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31141
RODNEY REVERE,
Plaintiff-Appellant,
versus
WALTER REED, District Attorney,
22nd Judicial District Court,
Defendant-Appellee.
Appeal from the United States District Court
For the Eastern District of Louisiana
(01-CV-492-T)
July 11, 2002
Before HIGGINBOTHAM, JONES, and BARKSDALE, Circuit Judges.
PER CURIAM:*
We were informed at oral argument that Rodney Revere has now
available to him a statutory right to obtain DNA testing under
Louisiana’s Code of Criminal Procedure, Article 926.1, a process
that may afford Rodney Revere all the relief he seeks in this
federal suit.
On the federal side there are substantial questions whether

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Revere can craft his 1983 suit to escape the reach of Heck v.
Humphrey and on that narrow path state a claim for denial of due
process. To the extent Revere is more ambitious with his claim and
would abandon that narrow path, his claim must proceed as a writ of
habeas corpus. And, of course, Revere has not exhausted his state
court remedies for federal habeas.
Those hurdles are only background to a reality we must notice:
Revere’s constitutional claims asserted in this suit are yet so
unshaped by the defining of Louisiana’s offered process as be nigh
hypothetical. Stated more precisely, it is too soon to tell if
Louisiana has denied Revere any right it was compelled by due
process to provide. Under these unique circumstances we are
persuaded that Revere’s claims are not ripe and should be remanded
to the district court with instructions to dismiss without
prejudice.
The judgment below is VACATED and REMANDED.

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