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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DOYLE L. HEARD,

Plaintiff,

v. 4:20cv539–WS/MJF

RON DESANTIS, et al.,

Defendants.

 

ORDER ADOPTING THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (ECF

No. 37) docketed October 18, 2022. The magistrate judge recommends that this

civil-rights action be dismissed pursuant to Heck v. Humphrey because it

“necessarily impl[ies] that [Plaintiff’s] current confinement is invalid and that he is

entitled to immediate or speedier release from confinement.” Plaintiff has filed

objections (ECF No. 41) to the report and recommendation. 

Plaintiff filed a fourth amended complaint after this case was remanded from

the Eleventh Circuit with instructions to grant Heard leave to amend his complaint

because “a more carefully drafted complaint might state a claim” for damages as to

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six of Plaintiff’s eleven claims. See ECF No. 25, 11th Cir. Opin. at p. 6. Relying on

Heck v. Humphrey, 512 U.S. 477, 486–87 (1994)1

, the magistrate judge has

concluded that Plaintiff’s fourth amended complaint must be dismissed because

granting him relief2

 on any of his claims “necessarily would imply that his current

confinement is invalid and that he is entitled to immediate or speedier release from

confinement.” ECF No. 37 at 8. The undersigned agrees with the magistrate

judge’s assessment of Plaintiff’s fourth amended complaint.

Accordingly, it is ORDERED:

1. The magistrate judge’s report and recommendation (ECF No. 37) is

ADOPTED and incorporated into this order by reference.

2. Doyle Heard’s fourth amended complaint is DISMISSED.

1

 In Heck v. Humphrey, the Supreme Court held that “in order to recover

damages for allegedly unconstitutional conviction or imprisonment, or for other

harm caused by actions whose unlawfulness would render a conviction or sentence

invalid, a § 1983 plaintiff must prove that the conviction or sentence has been

reversed on direct appeal, expunged by executive order, declared invalid by a state

tribunal authorized to make such determination, or called into question by a federal

court’s issuance of a writ of habeas corpus, 28 U.S.C. § 2254.” 512 U.S. at 486–87

(footnote omitted). 

2

 As noted by the magistrate judge, Plaintiff seeks the following relief:

“[R]estoration, return of all gain-time credits accrued and withheld under the

misapplied “Reform Act” and “fraudulently” altered, cancelled; totaling more than

(25) years, compensation for each day belonging to [Heard], stolen, withheld;

compensation deemed just, equitable and appropriate, as established.” ECF No. 35,

4th amend. compl. at 7 (errors in original). 

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3. The clerk shall enter judgment stating: “All claims are DISMISSED

pursuant to 28 U.S.C. § 1915A(b)(1).”

4. The clerk shall close the case.

DONE AND ORDERED this 2nd day of December , 2022.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE 

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