Summary
applying holding in Sanchez-Llamas and concluding Heck did not bar claims where convicted prisoner solely challenged failure of defendants to notify him of rights under Article 36 of the Vienna Convention
Summary of this case from Gonzalez v. S. Sioux City Police Dep'tOpinion
No. 10-6491.
Submitted: October 6, 2010.
Decided: October 29, 2010.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:10-cv-00109-AJT-IDD).
Dave Andrae Taylor, Appellant pro se.
Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Vacated and remanded by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Dave Andrae Taylor, a federal prisoner, filed a complaint pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), seeking damages on the ground that Defendants failed to advise him prior to his conviction of drug and firearms offenses of his rights under Article 36 of the Vienna Convention. The district court dismissed the action without prejudice, concluding that Taylor's action was barred by the holding in Heck v. Humphrey, 512 U.S. 477, 1.14 S.Ct. 2364, 129 L.Ed.2d 383 (1994). We have reviewed the record and the district court's order and conclude that pursuant to Sanchez-Llamas v. Oregon, 548 U.S. 331, 126 S.Ct. 2669, 165 L.Ed.2d 557 (2006), the action was not barred by the holding in Heck. Accordingly, we vacate the district court's order dismissing Taylor's action without prejudice and remand for further proceedings consistent with this opinion. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
VACATED AND REMANDED.