                                                                                                                           Opinions of the United
2007 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


4-18-2007

Stackhouse v. Kravich
Precedential or Non-Precedential: Non-Precedential

Docket No. 06-3956




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Recommended Citation
"Stackhouse v. Kravich" (2007). 2007 Decisions. Paper 1259.
http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1259


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BLD-159                                               NOT PRECEDENTIAL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

                                            1
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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