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October 5, 1994
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 94-1796
JEROME E. CASSELL,
Plaintiff, Appellant,
v.
NANCY OBER,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Joseph A. DiClerico, U.S. District Judge]
___________________
____________________
Before
Selya, Cyr and Stahl,
Circuit Judges.
______________
____________________
Jerome E. Cassell
___________________
on
Motion For
Stay
Or
Injunction
Pend
appellant
Per Curiam.
___________
We
denominated
"motion
have
for
before
a
us
stay
a motion
or
by
injunction
for
summary disposition.
Appellant Cassell was convicted
state court of
conviction
action
was pending
on
he brought
this
direct appeal,
defendant had
in a New Hampshire
to falsify evidence
on
a preliminary review of
1915, and
28 U.S.C.
Shortly
cause
of
action
unconstitutional
conviction
114
thereafter, however,
. . . has
S. Ct.
2364,
Guzman-Rivera v.
_____________
circuits by ruling
for
conviction
the Supreme
damages
does
accrue
______
been invalidated."
2373 (1994)
that "a
attributable
not
Court
until
to
an
the
Heck v. Humphrey,
____
________
(emphasis
Rivera-Cruz, 29 F.3d 3, 5
___________
the Supreme
Court's decision
required the
dismissal of
Plaintiff's
confused
first,
about the
motion indicates
effect of
that plaintiff
is
the
that he
dismissal.
not prejudiced
by the
is somewhat
We explain,
dismissal
because
filing a proper
first succeed in
invalid by a tribunal
such a determination.
Id.
___
authorized to make
dismissal,
by
lawsuit in
which plaintiff
Our
remand of
a different
that
district
case for
of the claims
the
Court's decision
intervening Supreme
district
court at
committed
in
judge,
had named
whether some
Supreme
Appeal
further
consideration as
should be stayed,
in Heck.
____
the first
of the
instance
to
also predated
The effect
of an
pending in the
decision is
to
separate
different defendants.
of a
a question
the particular
judge
articulated in
-3-
order, the