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Cobb v. Florida

United States Court of Appeals, Eleventh Circuit
Sep 11, 2008
293 F. App'x 708 (11th Cir. 2008)

Summary

holding district court correctly dismissed §1983 complaint where necessary implication of granting relief would be finding revocation of probation invalid

Summary of this case from Martin v. Wilkes

Opinion

No. 08-11413 Non-Argument Calendar.

September 11, 2008.

Robert M. Cobb, Crawfordville, FL, pro se.

Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 08-00187-CV-ORL-19-DAB.

Before TJOFLAT, ANDERSON and PRYOR, Circuit Judges.


Robert Cobb, a prisoner, appeals the dismissal of his pro se civil rights action brought pursuant to 42 U.S.C. § 1983. On appeal, he argues the district court erred in sua sponte dismissing his complaint for failure to state a claim under 28 U.S.C. § 1915A(b)(1). Cobb asserts his complaint is not barred by Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 2372, 129 L.Ed.2d 383 (1994), because his challenge is to the process used by the State of Florida to determine whether he violated his probation, not the validity of his probation revocation.

This court reviews a district court's sua sponte dismissal of a suit for failure to state a claim for relief under § 1915A(b)(1) de novo. Harden v. Pataki, 320 F.3d 1289, 1292 (11th Cir. 2003). The complaint's "[f]actual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Carp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007); see also Watts v. Florida Int'l Univ., 495 F.3d 1289, 1295 (11th Cir. 2007). "The Supreme Court's most recent formulation of the pleading specificity standard is that `stating such a claim requires a complaint with enough factual matter (taken as true) to suggest' the required element." Waits, 495 F.3d at 1295 (quoting Twombly, 127 S.Ct. at 1965). This rule does not "impose a probability requirement at the pleading stage." Twombly, 127 S.Ct. at 1965. Instead, the standard "simply calls for enough fact to raise a reasonable expectation that discovery will reveal evidence" of the required element. Id. "It is sufficient if the complaint succeeds in `identifying facts that are suggestive enough to render [the element] plausible.'" Watts, 495 F.3d at 1296 (quoting Twombly, 127 S.Ct. at 1965). In reviewing the dismissal of a complaint under the 28 U.S.C. § 1915A(b)(1), this court accepts allegations in the complaint as true, and pro se pleadings are liberally construed. Brawn v. Johnson, 387 F.3d 1344, 1350 (11th Cir. 2004).

A plaintiff cannot win relief under § 1983 if "a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence." Heck, 512 U.S. at 487, 114 S.Ct. at 2372; see Abella v. Rubino, 63 F.3d 1063, 1064-1065 (11th Cir. 1995) (holding, in an action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), that plaintiffs argument that the defendants fabricated testimony was barred under Heck because "[J]udgment in favor of Abella on these claims would necessarily imply the invalidity of his conviction." (quotation omitted)). A plaintiff may only proceed after showing "that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus." Heck, 512 U.S. at 486-87, 114 S.Ct. at 2372. However, the plaintiff may proceed under § 1983 when "the plaintiffs action, even if successful, will not demonstrate the invalidity of any outstanding criminal judgment against the plaintiff . . . in the absence of some other bar to the suit." Id. at 487, 114 S.Ct. at 2372-73; see Hughes v. Lott, 350 F.3d 1157, 1160 (11th Cir. 2003) (explaining that "an illegal search or arrest may be followed by a valid conviction, [and therefore] a successful § 1983 action for Fourth Amendment search and seizure violations does not necessarily imply the invalidity of a conviction.").

Upon review of the district court record and Cobb's brief, we discern no error. The district court correctly dismissed Cobb's complaint because the necessary implication of a grant of relief would be that Cobb's probation revocation is invalid. Accordingly, we affirm.

AFFIRMED.


Summaries of

Cobb v. Florida

United States Court of Appeals, Eleventh Circuit
Sep 11, 2008
293 F. App'x 708 (11th Cir. 2008)

holding district court correctly dismissed §1983 complaint where necessary implication of granting relief would be finding revocation of probation invalid

Summary of this case from Martin v. Wilkes

holding district court correctly dismissed § 1983 complaint where necessary implication of granting relief would be finding revocation of probation invalid

Summary of this case from Anderson v. Richmond Cnty. Jail

holding district court correctly dismissed §1983 complaint where necessary implication of granting relief would be finding revocation of probation invalid

Summary of this case from Faircloth v. Finley

finding due process challenge to probation revocation proceedings barred by Heck

Summary of this case from James v. Fears

concluding that "[t]he district court correctly dismissed Cobb's complaint because the necessary implication of a grant of relief would be that Cobb's probation revocation is invalid"

Summary of this case from Sanders v. Shiawassee Cnty.

affirming dismissal because the necessary implication of a grant of relief would be that Plaintiff's probation revocation is invalid

Summary of this case from McAffee v. Dorr

affirming sua sponte dismissal of pro se prisoner's § 1983 action as barred by Heck

Summary of this case from Green v. City of Selma

applying Twombly to a prisoner's pro se complaint brought under 42 U.S.C. §1983 and dismissing the claim pursuant to 28 U.S.C. §1915A

Summary of this case from Copemann v. Fundenburg

applying Twombly to a prisoner's pro se complaint brought under 42 U.S.C. §1983 and dismissing the claim pursuant to 28 U.S.C. §1915A

Summary of this case from Chavez v. Wells Fargo Home Mortg.

applying Twombly to a prisoner's pro se complaint brought under 42 U.S.C. § 1983 and dismissing the claim pursuant to 28 U.S.C. § 1915A

Summary of this case from Ruiz v. Furnham
Case details for

Cobb v. Florida

Case Details

Full title:Robert M. COBB, Plaintiff-Appellant, v. State of FLORIDA, County of…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Sep 11, 2008

Citations

293 F. App'x 708 (11th Cir. 2008)

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