Filed: Mar. 30, 2001
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2389 CRYSTAL J. WOLFF; JEFFREY L. WOLFF, SR.; JENNIFER K. WOLFF, Plaintiffs - Appellants, versus PAMELA GAMES-NEELY, Prosecutor; GREG SEIFORT, D.H.H.R. Worker; JENNELL SIEGLAR, D.H.H.R. Worker; DAVID SANDERS, Judge; DR. PARRY, School Assistant Supervisor; PAUL LANE, Esq.; DAVID FOREMAN, Trooper; BURNICE WEINSTEIN, Prosecutor; NANCY DALBY, Guardian ad litem, Defendants - Appellees. Appeal from the United States District Cour
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2389 CRYSTAL J. WOLFF; JEFFREY L. WOLFF, SR.; JENNIFER K. WOLFF, Plaintiffs - Appellants, versus PAMELA GAMES-NEELY, Prosecutor; GREG SEIFORT, D.H.H.R. Worker; JENNELL SIEGLAR, D.H.H.R. Worker; DAVID SANDERS, Judge; DR. PARRY, School Assistant Supervisor; PAUL LANE, Esq.; DAVID FOREMAN, Trooper; BURNICE WEINSTEIN, Prosecutor; NANCY DALBY, Guardian ad litem, Defendants - Appellees. Appeal from the United States District Court..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-2389
CRYSTAL J. WOLFF; JEFFREY L. WOLFF, SR.;
JENNIFER K. WOLFF,
Plaintiffs - Appellants,
versus
PAMELA GAMES-NEELY, Prosecutor; GREG SEIFORT,
D.H.H.R. Worker; JENNELL SIEGLAR, D.H.H.R.
Worker; DAVID SANDERS, Judge; DR. PARRY,
School Assistant Supervisor; PAUL LANE, Esq.;
DAVID FOREMAN, Trooper; BURNICE WEINSTEIN,
Prosecutor; NANCY DALBY, Guardian ad litem,
Defendants - Appellees.
Appeal from the United States District Court for the Northern Dis-
trict of West Virginia, at Martinsburg. W. Craig Broadwater, Dis-
trict Judge. (CA-00-67-3)
Submitted: March 16, 2001 Decided: March 30, 2001
Before LUTTIG, TRAXLER, and KING, Circuit Judges.
Affirmed in part and affirmed as modified in part by unpublished
per curiam opinion.
Crystal J. Wolff, Jeffrey L. Wolff, Sr., Jennifer K. Wolff,
Appellants Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellants appeal the district court’s order dismissing their
civil rights complaint as frivolous. To the extent that Appellants’
complaint seeks the criminal prosecution of the named Defendants,
we affirm on the reasoning of the district court. Wolff v. Games-
Neely, No. CA-00-67-3 (N.D.W. Va. Oct. 3, 2000). To the extent
that Appellants seek money damages against the Defendants for their
alleged wrongdoings, we note that the accusations leveled against
the Defendants, if true, would undermine the validity of Appellant
Jeffrey Wolff’s criminal conviction. Accordingly, Wolff must first
demonstrate that his conviction has been reversed, expunged, de-
clared invalid, or called into question by a federal court’s issu-
ance of a writ of habeas corpus. Heck v. Humphrey,
512 U.S. 477,
486-87 (1994). Accordingly, we affirm as modified to dismiss this
claim without prejudice to the Appellants’ right to refile upon
such a showing. We deny Appellants’ motion for a copy of a response
to their informal brief, as no such response exists. 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.
AFFIRMED IN PART; AFFIRMED
AS MODIFIED IN PART
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