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Precedential or Non-Precedential: Non-Precedential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BLD-159                                               NOT PRECEDENTIAL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

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conviction be overturned. We agree with the District Court that Kravich is not a proper

party to this action, see Polk County v. Dodson, 

, 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, 

, 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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