Third Circuit disposition — 063956np-pdf

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BLD-159 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-3956
________________
STEPHEN STACKHOUSE,
Appellant
vs.
JOHN KRAVICH, Public Defender, Montgomery County
____________________________________
On Appeal From the United States District Court
For the Eastern District of Pennsylvania
(D.C. Civ. No. 06-cv-03118)
District Judge: Honorable Timothy J. Savage
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)
March 22, 2007
Before: MCKEE, FUENTES and WEIS, CIRCUIT JUDGES
Filed: April 18, 2007
_______________________
OPINION
_______________________
PER CURIAM.
Appellant, Stephen Stackhouse, proceeding pro se and in forma pauperis,
filed a complaint asserting a claim under 42 U.S.C. § 1983 against public defender John
Kravich. The complaint alleges that Kravich did not adequately defend Stackhouse
against state criminal charges. Stackhouse requests money damages and that his state

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conviction be overturned. We agree with the District Court that Kravich is not a proper
party to this action, see Polk County v. Dodson, 454 U.S. 312, 325 (1981), and that even
if he were, the instant challenge to the validity of the state conviction would be barred by
Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
As the appeal lacks arguable merit, we will dismiss it pursuant to 28 U.S.C.
§ 1915(e)(2)(B). Appellant’s motion for appointment of counsel is denied.

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