UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-23554-UU

DANNY ANGEL RODRIGUEZ,

Plaintiff, 

v. 

CRISTINA MAXWELL, et al., 

Defendants. 

 /

ORDER

THIS CAUSE comes before the Court upon Plaintiff’s pro se Amended Complaint for 

Violation of Civil Rights (the “Amended Complaint”), filed pursuant to Bivens v. Six Unknown 

Named Agents, 403 U.S. 388 (1971). D.E. 12. The Court has reviewed the Amended Complaint 

and the pertinent parts of the record and is otherwise fully advised in the premises.

This matter was referred to Magistrate Judge Lisette M. Reid, who issued a Report (the 

“Report”), recommending that the Amended Complaint be dismissed without prejudice for failure 

to state claim upon which relief can be granted under § 1915(e). D.E. 21. Plaintiff’s claims in the 

Amended Complaint are predicated upon Defendants’ allegedly unlawful entry into Plaintiff’s 

storage unit. D.E. 12-1. According to Plaintiff, Defendants “knowingly, with malice, violated 

Plaintiff’s constitutional protections under the Fourth and Eighth Amendment.” Id. Further, 

Plaintiff alleges that Defendants “perpetrated a fraud and malfeasance to the detriment of Plaintiff” 

in connection with the evidence seized from the storage unit. Id.

In the Report, Magistrate Judge Reid determined that Plaintiff’s claims were subject to 

dismissal under Heck v. Humphrey, 512 U.S. 477 (1994). Magistrate Judge Reid explained that 

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“a civil action ‘for damages attributable to an unconstitutional conviction or sentence does not 

accrue until the conviction or sentence has been invalidated.’” D.E. 21 (quoting Peterson v. 

Overstreet, 819 F. App’x 778, 780 (11th Cir. 2020) (citing Heck, 512 U.S. at 489–90)). 

Accordingly, Magistrate Judge Reid determined that Plaintiff’s claims are unripe because his 

underlying conviction and sentence have not been invalidated. Id. And because Plaintiff’s claims 

are unripe, Magistrate Judge Reid found that dismissal is appropriate. Id.

Plaintiff timely filed objections to the Report. D.E. 22. First, Plaintiff objects to Magistrate 

Judge Reid’s “factual allegations.” Id. Plaintiff asserts that the Report “omits that Defendants 

replaced [the locks on Plaintiff’s storage unit] with their own locks.” Id. But even if the Court 

were to accept this allegation as true, it does nothing to change Magistrate Judge Reid’s analysis.

Plaintiff also objects on the basis that Magistrate Judge Reid’s determination that Plaintiff’s 

claims are barred by Heck is misplaced. Id. Plaintiff asserts that “[t]his Bivens claims is ripe for 

review because it’s a stand[-]alone issue.” Id. The Court disagrees. Magistrate Judge Reid 

correctly applied the relevant law in reaching the conclusion that Plaintiff’s claims are unripe and 

thus subject to dismissal. 

Upon de novo review of the Amended Complaint and the Report, the undersigned agrees 

with Magistrate Judge Reid’s recommendation in all respects. Accordingly, it is hereby

ORDERED AND ADJUDGED that the Report (D.E. 21) is ADOPTED, RATIFIED, AND 

AFFIRMED in all respects. This case is DISMISSED WITHOUT PREJUDICE. It is further

ORDERED AND ADJUDGED that the Clerk of Court SHALL administratively close this 

case. All future hearings and deadlines are CANCELLED, and all pending motions are DENIED 

AS MOOT.

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DONE AND ORDERED in Chambers, Miami, Florida, this 24th__ day of March, 2021.

__________________________________

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

Copies furnished:

All counsel of record

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