Robert Kither Russell v. Guilford County Municipality; High Point Court House; Judge Henry Frye; James Green

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7662
ROBERT KITHER RUSSELL,
Plaintiff - Appellant,
v.
GUILFORD COUNTY MUNICIPALITY; HIGH POINT COURT HOUSE; JUDGE
HENRY FRYE; JAMES GREEN,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:14-cv-00831-TDS-LPA)
Submitted: March 24, 2015 Decided: March 31, 2015
Before SHEDD, FLOYD, and THACKER, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Robert Kither Russell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Kither Russell appeals the district court’s order
adopting the recommendation of the magistrate judge and
dismissing his 42 U.S.C. § 1983 (2012) complaint as frivolous
pursuant to 28 U.S.C. § 1915A(b)(1) (2012). We have reviewed
the record and find no reversible error. We conclude that
Russell’s claim is not cognizable because his state conviction
has not been overturned or called into question. See Heck v.
Humphrey, 512 U.S. 477, 486-87 (1994); see also Wilkinson v.
Dotson, 544 U.S. 74, 81-82 (2005) (applying Heck to claims of
equitable relief). Accordingly, we affirm substantially for the
reasons stated by the district court, see Russell v. Guilford
Cnty. Mun., No. 1:14-cv-00831-TDS-LPA (M.D.N.C. Oct. 31, 2014),
but we modify the dismissal to be without prejudice because
Russell may refile his claims should his conviction ever be
invalidated by the appropriate court. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED AS MODIFIED

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