Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:06-cv-00018-JJF Document 24 Filed 07/13/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
H. LEIGHTON LASKEY, :
Plaintiff, E
v. E Civ. No. 06-018-JJF
PFC. ROBERT C. LEGATES, ;
fit al . , :
Defendants. Q
ORDER
WHEREAS, Plaintiff H. Leighton Laskey filed this civil
rights action pursuant to 42 U.S.C. § 1983 (D.I. 2);
WHEREAS, on April 24, 2006, and on June 5, 2006, Plaintiff
filed motions to amend his complaint (D.I. 14, 17), and “[a]
party may amend the party’s pleading once as a matter of course
at any time before a responsive pleading is served", Fed. R. Civ.
P. 15(a); and
WHEREAS, at the time the motions were filed, a responsive
pleading has not been served;
WHEREAS, in his motions to amend Plaintiff also asks that
his conviction in the Court of Common Pleas, Georgetown,
Delaware, be reversed and recorded as a dismissal;
WHEREAS, a plaintiff cannot recover under § 1983 for an
alleged wrongful conviction unless he proves 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

Case 1:06-cv-00018-JJF Document 24 Filed 07/13/2006 Page 2 of 2
court's issuance of a writ of habeas corpus, see Heck v.
Humphrey, 312 U.S. 477, 487 (1994);
THEREFORE, at Wilmington this i¥E_ day of July, 2006, IT IS
ORDERED that:
1. The motion to amends the complaint (D.I. 14, 17) are
GRANTED. An amended complaint shall be filed within 30 days from
the date of this order. If an amended complaint is not filed
within that time frame, the case will proceed on the original
complaint (D.I. 2).
2. The motion to reverse Plaintiff’s conviction and record
it as a dismissal is DENIED.
3. The clerk of the court shall cause a copy of this order
to be mailed to Plaintiff.
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UNETE] ST TE§.D1STRICT JUDGE
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