Testo completo
* 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that this opinion should not be published and is not precedent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. 01-60960
Summary Calendar
JOHN AARON VANDERBURG,
Plaintiff-Appellant,
versus
ROBERT L. JOHNSON; CHRISTOPHER EPPS;
JOHN HOPKINS; LARRY HARDY; BARBARA BAILEY,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:00-CV-746-WS
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July 1, 2002
Before JOLLY, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
John Arron Vanderburg, former Mississippi inmate # 65991,
appeals from Magistrate Judge (MJ) Sumner’s dismissal as moot of
his 42 U.S.C. § 1983 complaint after construing it as a 28 U.S.C.
§ 2254 petition for habeas relief. Vanderburg’s claim for
monetary relief distinguished his civil rights complaint from an
action for habeas relief. The 42 U.S.C. § 1983 complaint was
properly before the district court since Vanderburg demonstrated
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No. 01-60960
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that his alleged unlawful sentence had been declared invalid.
See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). Accordingly,
MJ Sumner’s order of dismissal is VACATED and the case is
REMANDED for further proceedings.
VACATED AND REMANDED.
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